NARESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) These criminal revisions are directed against the order dated 25.2.1986 passed by the II Additional Sessions Judge, Aligarh, allowing the revisions and setting aside the order of discharge dated 13.4.1983 passed by the Judicial Magistrate-I, Aligarh for the offences under sections 420/468/120-B I.P.C. read with sections 3/7 of the Essential Commodities Act. As these two revisions arise of the same order Involving similar questions, It is accordingly convenient to decide them by a common judgment.

(2.) The present applicants along with Shyam Lal, Subhash, Rajendra and Kripal were charged for the offences under sections 420, 468 and 120-B I.P.C. read with sections 3/7 of the Essential Commodities Act. The prosecution case was that these persons exported rice out of State of U.P. by entering into a conspiracy to commit fraud and deception, in contravention of the provisions of the U.P. Rice, Paddy Levy Regulation of Trade and Control of Movement Order, 1975. This was a trial of warrant case by a Magistrate under Chapter 19 of the Code of Criminal Procedure, 1973 (for short the Code). Apart from other evidence the statement of Shri Bhikhari Das Sharma, Assistant Station Master, Somana Railway Station, District Aligarh, was recorded under section 164 of the Code who stated that he knew the accused Shyam Lal, Subhash and Shri Bhagwan (applicant in Criminal Revision No. 793 of 1986) and these persons were dealing in food grains business. While Shyam Lal and Shri Bhagwan came to him and indicated their intention to book Jwar from his station, since 1974 to 5th July, 1976 eight wagons were booked and they were sent outside the State of U.P. One Shri Ram came with Shri Bhagwan on 26.7.76 and booked Jwar for Bombay Railway Station. Similarly the accused Subhash booked Jwar for Chitari Railway Station. In August 1976 it transpired that the goods booked by these persons were rice and not Jwar. When contacted by him (Shri Bhikhari Das Sharma) they told that since the price of rice in Maharashtra was considerably high, hence they started this business. It was also revealed that the name of Shri Ram was in fact Devi alias Devi Dutt.

(3.) In Criminal Revision No. 554 of 1986 Naresh Chandra Is applicant. Shri Krishna Sahgal, Station Master, GuI Lahar Railway Station made a statement that on 30.7.76 one person named, Sukhbir deposited Rs. 70/- for a wagon, and he signed all the papers in his presence but the said wagon was detained at Bombari Railway Station as it was found to contain rice in place of Jwar. It was revealed from Delhi that Sukbir was the fake name of Naresh Chandra, the applicant. He along with Shyam Lal, Subhash Chandra etc. was discharged by the Magistrate by an order dated 13.4.1983 purporting to have been passed under section 23g of Code. The revision by the State of U.P. was allowed on 25.2.1986 and the order dated 13.4.83 was set aside. As for as Shyam Lal, Subhash and the present applicants were concerned they were directed to stand their trial and the proper charges were to be framed against them. Against that order dated 25.2.86 the present revisions have been filed.