Heard Sri Shashank Mishra, learned counsel for the revisionist, Sri Pawan Kumar Mishra, learned counsel for the opposite party no. 2 and learned A.G.A. for the opposite party no. 1.
This criminal revision has been preferred by the revisionist for setting aside the order dated 23.03.2013 passed by the learned Additional District and Sessions Judge (Ex-cadre), Room No. 22, Allahabad in Sessions Trial No. 80 of 2009, arising out of Case Crime No. 293 of 2008 (State Vs. Sanjay Bhatt), under Section 8/21 N.D.P.S. Act, Police Station G.R.P., District Allahabad whereby the claim of juvenility of the revisionist has been dismissed.
The main argument of the learned counsel for the revisionist is that Akash Sharma and Sanjay Bhatt are one and the same person. The name of the revisionist has been wrongly mentioned as Sanjay Bhatt in the police papers viz F.I.R. in Crime No. 292 of 2008, under Section 379/411 I.P.C., Police Station G.R.P., District Allahabad and in Case Crime No. 293 of 2008, under Section 8/21 N.D.P.S. Act, Police Station G.R.P., District Allahabad.
The revisionist has assailed the impugned order dated 23.03.2013 passed by the learned Additional District and Sessions Judge (Ex-cadre), Room No. 22, Allahabad on this count only and in support of his contention he has relied upon the High School Examination Mark Sheet of the year 2004 and certificate of High School Examination, 2004 both issued by Board of High School And Intermediate Education, U.P. In both the abovementioned educational documents, the name of the examinee Akash Sharma have been mentioned.
To establish the identity of the revisionist that Akash Sharma and Sanjay Bhatt both are one and the same person, CW-1 Uma Shankar Sharma has stated that the name of his eldest son is Akash Sharma. CW-2 Jeet Bahadur, who was clerk in Sarswati Bal Mandir Inter College, Chak Daud Nagar, Naini has proved the details of the scholar register in which the name of Sanjay Sharma son of Uma Shankar Sharma, mother's name Smt. Neetu Sharma, date of birth 19.11.91 has been mentioned.
On examination of the Identity Card of Akash Sharma, son of Uma Shankar Sharma issued by the Election Commission of India, in the column of 'DOB' year 1992 has been mentioned.
In the F.I.R. and charge sheet submitted by the police of Police Station G.R.P. Allahabad in Crime No. 293 of 2008, under Section 8/21 N.D.P.S. Act, in the column of accused, the name of the accused is mentioned as Sanjay Bhatt son of Uma Shankar Bhatt, R/o 502/A Prayagpuram, near Naini Central Jail, Police Station Naini, District Allahabad. Moreover, nowhere in the aforesaid F.I.R. and charge sheet it has been mentioned that the accused Sanjay Bhatt is the same person, who is known as Akash Sharma. Nonetheless in the Identity Card of the Akash Sharma issued by the Election Commission of India, address has been mentioned as House No. 126/3, Purafateh Mohammad, Pura Fateh Mohammad, Tehsil Karachhana, District Allahabad.
Resultantly, address mentioned in police papers viz. in F.I.R. and in charge sheet is quite different from the address mentioned in the Identity Card issued by the Election Commission of India.
On specific query raised by this Court, learned counsel for the revisionist has informed this Court that there are two different houses and two different addresses of the revisionist Akash Sharma and also the father of the revisionist is keeping two separate wives on different addresses.
The aforesaid analysis makes it crystal clear that the identity of the revisionist Akash Sharma and another person named as Sanjay Bhatt is not similar.
Thus, the impugned order dated 23.03.2013 passed by the learned Additional District and Sessions Judge (Ex-cadre), Room No. 22, Allahabad does not suffer from any legal infirmity or perversity. No interference is warranted at this stage. The revision is liable to be dismissed.
The revision is dismissed.
Order Date :- 9.8.2016 Rmk.