SUBODH KUMAR TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist and Mr. Bireshwar Nath for the C.B.I.

(2.) This is a revision under Section 397 read with section 401 Cr.P.C. against the impugned judgment and order dated 15.09.2012 passed by the learned Special Judge C.B.I. Court No. 4, District Lucknow in Criminal Case No. 09/2004.

(3.) Learned counsel for the revisionist submits that? no offence under Sections 120B, 420, 467, 468, 471 I.P.C. & 13(2) r/w 13(1)(D) of P.C. Act, 1988 is made out against him because revisionist?? is an Assistant Administrative Officer and he has no concern with the alleged files. The files of seven insurance claims amounting Rs. 4,06,900/- lastly reaches to him after going through surveyor and other officers of the insurance. He has no direct involvement in the alleged forged payment. There is no allegation against him that from the above claim, he has any monetary gain. The impugned order of rejecting his application for discharge is illegal and perverse, hence it is liable to be quashed.