OM PRAKASH TEWARI Vs. STATE

JUDGEMENT

(1.) THIS is a criminal revision under sections 397/401 CrPC read with section 482 CrPC against the order dated 23-9-1982 under section 391 CrPC passed by the then Vth Additional Sessions Judge, Faizabad in Criminal Appeal No. 142 of 1982 (Om Prakash Tewarl v. State) filed against the judgment and order datedi i8-5-1982 passed by the Judicial Magistrate I, Faizabad in Criminal Case No. 62 of 1980, State v. Om Prakash Tewari convicting and sentencing him under sections 467, 468, 419 and 420 IPC.

(2.) FACTS of the case, briefly stated are that one Udai Chandra Singhal was a commission ageat who used to get treasury bills, cheques etc. encashed for claimants and used to charge commission. On 13-5-1977 one Ram Baran, a servant of Vishnu Narain Visited Udai Chandra Singhal, Ram Baran was accompanied by the applicant Om Prakash Tewari who posed himself as Hamid Khan. The sail Ha mid Khan presented a pension bill no. C.F.P.P.O. T.S. 1578 for Rs. 18975/- and sought the assistance of Udai Chandra Singhal for the encashment of the said treasury bill. On 13-5-1977, Udai Chandra Singhal paid Rs. 975/- to the said Hamid Khan and for the remaining sum of Rs. 18000/- asked the said Hamid Khan to contact him after a few days. Udai Chandra Singhal however left for Firozabad same evening. The identity of Hamid Khan was verified by a retired Wing Commander Sri D. S. Zafa. On 14-5-1977 Ajai Kumar and Abhai Kumar, sons of Udai Chandra Singhal somehow came to know that the said bill was a forged one and a sum of Rs. 975/- was obtained by the appellant Om Prakash Tewari on that forged treasury bill. On 17-5-1977 when the applicant reached Udai Chandra Singal's place to collect, the remaining sum of Rs. 18000/-, he was apprehended there and taken to the concerned Branch Manager, State Bank of India who informed the police. A case was, therefore, registered against the applicant-accused. The police investigated into the case and submitted a charge-sheet against the applicant. The charges under sections 467, 468, 419 and 420 IPC were framed against him, He (the accused-applicant) pleaded not guilty and claimed to be tried.

(3.) THE accused-applicant filed an appeal being Criminal Appeal No. 142 of 1982 (Om Prakash Tewari v State) in the Court of Sessions Judge, Faizabad. That appeal was transferred to the court of Vth Additional Sessions Judge, Faizabad. THE learned Vth Additional Sessions Judge, Faizabad passed the impugned order dated 23-9-1982. THE applicant-appellant- accused felt aggrieved of the said order, and, therefore, filed the present Criminal Revision under sections 307/401 CrPC read with section 482 CrPC against the same mainly on the grounds inter-alia that the impugned order amounts to filling the gap in the prosecution case.