UNION OF INDIA Vs. PRAVINCHANDRA DUNGARSHI LALAN

JUDGEMENT

(1.) HEARD Mr. Mehta the learned counsel appearing for the petitioner-complainant, Respondent no. 1 in person Shri. Lalan and Smt. S. R. Kumbhat the learned A. P. P for the State. The petitioner-complainant has challenged the order passed by the learned Chief Metropolitan Magistrate, 3rd Court, Mumbai dated 16/12/1997 discharging the respondent-accused Shri. Pravinchandra Lalan by holding that there is no case against the respondent-accused for the offence under sections 120b, 420 of the IPC as well as section 5 of the Imports and Exports Control Act, 1947.

(2.) EARLIER when the revision application was filed by the petitioner, it was time barred and while considering the application for delay, the application for delay was granted and delay was condoned and this court considering the submission and considering the order under challenge has issued rule which was made returnable on 12th April, 2001 and accordingly after the notice of motion to the respondent no. 1 was served, the matter was notified for hearing.

(3.) ON considering the submission of Mr. Mehta and on going through the evidence of the prosecution witnesses and the order under challenge, as transpired from the evidence, it is clear that the said evidence does not connect the accused with the offence and learned Magistrate has while considering the said evidence for framing charge, has rightly held that the evidence is not such for which the charge is to be framed against the accused and accordingly, the learned Magistrate has discharged the accused. ON examining the order in light of submission made before me, in my view, no error is committed by the learned Magistrate and the learned Magistrate was right in discharging the accused from the accused. Accordingly, while exercising my revisional jurisdiction, this is not a case where this Court has to interfere with such order passed by the learned Magistrate and accordingly, revision application is dismissed. Rule is discharged. Revision application dismissed.