LAWS(MPH)-2016-5-70

TRIVENDRA CHOUBEY Vs. STATE OF M P

Decided On May 13, 2016
Trivendra Choubey Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) This revision under Section 397/401 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) has been filed against the order dated 10.03.2014, passed by learned Additional Sessions Judge, Bhopal, in Sessions Trial No.361/13 framing the charge against the applicant for the offences punishable under Sections 120 -B of IPC.

(2.) Brief facts of the case are that co -accused Juber Khan, Mukesh Kanojiya and Rajendra Chandawad prepared the bogus transfer orders and used the computer which was in possession of the applicant Trivendra Choubey, hence against him and above named 03 accused persons offence under Sections 420, 467, 468 and 471 of IPC was registered. On the basis of statement of co -accused Juber Khan, the applicant has been arrested in the case. After due investigation challan were filed thereafter the learned Sessions Court framed the charged under Section 120 -B of IPC against the present applicant though he has been discharged from the charges under Sections 420, 467, 468 and 471 of IPC, hence, this revision.

(3.) Learned counsel for the applicant submits that after considering the entire collected prosecution evidence, only this fact is against the applicant that he was posted as Computer Operator in the relevant office. It is further submitted that in the FIR, name of the applicant is nowhere mentioned and as per information given by co - accused Juber Khan the applicant is made accused in this case. Learned counsel for the applicant also relied on order dated 21.09.2015 passed by this Court in Criminal No.1788/2014.