SATISH SINGHAL Vs. STATE OF SIKKIM

JUDGEMENT

(1.) UNDER challenge in Crl.M.Cs. No. 13 of 2013 and 14 of 2013 is the order of Sessions Judge, East and North Sikkim at Gangtok passed in Crl. Rev. Case No.2 of 2012 filed by the Sikkim Vigilance Police against the petitioners in Crl.M.C. No. 12 of 2013 who are respondents No. 2 and 3. In the above Crl. Revision Case No. 2 of 2012, the petitioners were accused No. 2 and 3 respectively in Vigilance Case No. 1 of 2006 charge-sheeted by the Sikkim Vigilance Police against them and one Shri C. P. Upreti. The charge against the petitioners was under Sections 420/406 IPC read with Section 120B of the IPC. The charge against Shri C. P. Upreti was under Section 420/409 IPC read with Section 120B of the IPC. Crl.M.C. No. 14 of 2013 is filed by Shri C. P. Upreti, accused No. 1 before the learned Magistrate challenging the very same order which is impugned in Crl.M.C. No. 13 of 2013. The learned Magistrate by his order dated 09.06.2011 discharged all the three accused taking the view that the prosecution has failed to bring on record prima facie materials to sustain charge against the accused and under the impugned order the learned Sessions Judge set aside the order of the Magistrate and directed the learned Magistrate to frame charges against all the three accused.

(2.) THE charges against Shri Satish Singhal, petitioner No. 1 in Crl.M.C. No. 13 of 2013 were the following: -

(3.) THE charges against Shri C. P. Upreti, accused No. 1 before the Magistrate and the petitioner in Crl.M.C. No. 14 of 2013 were the following:-