RUJESH NANDAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Criminal Revision is directed against the impugned order dated 6.10.2007 passed by Sri. Y.C. Verma, Judicial Magistrate, 1st Class, Ranchi in G.R.No. 2465 of 2003 arising out of Kotwali (Daily Market) P.S. Case No. 442 of 2003 whereby and whereunder the learned Judicial Magistrate reiterated his previous order dated 10.4.2007 which was set aside by this Court by order dated 27.9.2007 passed in Cr. Rev. No. 339 of 2007 with certain observation.

(2.) THE fact of the case in short was that the Daily Market Police, Ranchi raided one Akashdeep Hotel on 5.9.2003 in the noon with two independent witnesses and apprehended six persons from a room of the Hotel including the petitioner. In course of search, a sum of Rs. 3,00,000/ -" was recovered from one Santosh Kumar. Cell phones were recovered from Ajay Kumar @ Prakash Kumar and Rajni Kant but no incriminating article was recovered from the possession of the petitioner and two others on search. Yet, in course of interrogation, it was gathered by the informant Police Officer that the persons apprehended were members of the gang of cheaters having deceptive intention used to collect money illegally from the guardians of the students willing to get their admission in Medical and Engineering Colleges. Ajay Kumar @ Prakash Kumar in course of interrogation confessed before the police that he had for the admission of his younger brother Alok Kumar in the medical college contacted the co -accused Santosh Kumar some 3 -4 months ago and the latter had assured for the admission of his younger brother in the Medical College on (illegal) payment of Rs. 3.5. Lakhs to which he agreed. Pursuant to that his younger brother Alok Kumar passed the medical entrance test examination and thereafter to complete such deal, Ajay Kumar @ Prakash Kumar with the petitioner Rujesh Kumar and another Ajay Kumar who was the middle man went to Santosh Kumar and met him in Akashdeep Hotel. He was inclined to pay only 3 lakh but the same was accepted by Santosh Kumar and during raid and search such amount was recovered from the possession of Santosh Kumar. FIR was instituted against named accused including the petitioner.

(3.) THE petitioner immediately filed a protest petition when he came to know on the same date about the order passed in his absence on 16.10.2007 with the copy to the APP with the submission that the same may be kept on the record and to pass appropriate order.