DEVI B.PARIKH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner, Devi B. Parikh has preferred this Criminal Revision application against the order impugned dated 6.5.2004 passed by the Additional Sessions Judge, F.T.C. VII, Jamshedpur in S. T. No. 14 of 2004 arising out of Bistupur P.S. Case No. 229 of 2000 whereby and whereunder the prayer of the petitioner for her discharge was rejected.

(2.) THE prosecution story in brief is that the informant, Devgam Ram delivered his statement before Bistupur Police at M.G.M. Hospital, Emergency Ward at bed No. 6 on 18.11.2000 at about 17.45 hours that on 17.11.2000 he had been to Mihtila Motors Ltd. to attend his duty where he was assigned work to deposit a sum of Rs. 2,30,000.00 of the company. He took the same amount and came to Adityapur Branch of Punjab National Bank where he deposited Rs. 52,000.00 and with the remaining amount he came to Bistupur Branch of certain bank for deposit. He further narrated that while he was checking the voucher slips at about 12.30 noon at the receipt counter, a person come near him and attracted his attention that some notes were lying on the ground. As soon as he leaned on the ground the person took his bag and fled away from the gate. Though he raised and no sooner did he arrived at the gate the unknown person had already escaped. He lodged a First Information Report at the Bistupur Police Station. He further alleged that on 17.11.2000 at about 12 O 'clock noon one Sumit Guha, General Manager and another Rajesh Agarwal Accountant, both of Regent Hotel along with 4/5 persons took him to a room of Regent Hotel and asked him to confess his guilt that he had misappropriated the amount and assaulted him brutally and thereafter drop him at his home extending threat not to disclose the matter to the police.

(3.) MR . S.L. Agarwal, learned Counsel submitted that the case was originally instituted against Sumit Guha, Rajesh Agarwal, Senior Executives of Regent Hotel and 4/5 unknown persons. In his fard - beyan before the police the informant did not reveal the complicity of the petitioner regarding her involvement in the alleged offence and even during the investigation the police had examined five witnesses on behalf of the prosecution but no overt act was attributed against the petitioner by any of the witnesses. Advancing his arguments Mr. S.L. Agarwal submitted that the petitioner is an infirm and rich lady and in order to extract some money, the informant implicated her in his restatement that only on her instruction he had gone to Regent Hotel as she had communicated to him that he would be interrogated by Sumit Guha and pursuant to such instruetion he had visited Regent Hotel where he was assaulted by the accused persons by putting pressure to confess his guilt admitting misappropriation of the balance amount. The injuries of the informant was examined at MGM Hospital, Jamshedpur and as many as six multiple bruises were found on him caused by hard and blunt substance within 48 hours and all the injuries were simple in nature.