Court No. - 1
Case :- CRIMINAL REVISION No. - 4467 of 2018 Revisionist :- Om Prakash Srivastava Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Anand Kr Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anand Kumar Srivastava, learned counsel for the revisionist, Sri A.R.Chaurasia, learned A.G.A. for the State and perused the material brought on record.
The present criminal revision has been preferred against the judgment and order dated 1.10.2018 passed by Additional District Judge/Special Judge (Prevention of Corruption Act), Special Court No.3, Varanasi in Special Trial No.25 of 2013 (State Vs. Om Prakash Srivastava), under Section 7/13 (2) Prevention of Corruption Act, Police Station Line Bazar, District Jaunpur, arising out of Case Crime No.474 of 2002, whereby the learned Judge has rejected the Application No.63Kh filed by the revisionist under Section 311 Cr.P.C. for recalling the witness, namely, Ram Bahal (PW1).
Learned counsel for the revisionist submits that the revisionist was appointed on the post of Lekhpal on 24.11.1979 and retired on 31.3.2009 after attaining the age of superannuation. He further submits that an FIR was lodged by opp. party no.2 against the revisionist which was registered as Case Crime No.474 of 2002, under Section 7/13(2) Prevention of Corruption act, 1988, P.S. Line Bazar, District Jaunpur in which Investigating Officer after without making proper and impartial investigation, submitted charge sheet against the revisionist on 30.9.2003 for the offence in question. He further argued that after the cognizance, the case was registered as Special Trial No.25 of 2003, sunder Section 7/13 (2) Prevention of Corruption Act, Police Station Line Bazar, District Jaunpur, pending in the Court of Special Judge P.C. Act-III, Varanasi and the learned Judge has framed charges under Section 7/13 (2) Prevention of Corruption Act against the revisionist on 9.10.2007. He next submitted that in the present case Ram Bahal Yadav has been examined as PW1, his examination was started from 10.12.2009 and completed on 12.10.2010. Thereafter an application 63Kh was filed under Section 311 Cr.P.C. for recalling of the said witness, namely, Ram Bahal, PW1 but the learned Additional Sessions Judge/Special Judge (Prevention of Corruption Act), Special Court No.3, Varanasi has rejected the said application of the revisionist on 1.10.2018 without applying his juridical mind.
Learned AGA opposed the prayer for quashing the impugned order and submitted that the case pertains to the year 2012 and the statement of PW1, namely, Ram Bahal has already been completed on 12.10.2010 and the statement of PW2, namely, Akhilesh Pandey is being recorded by the trial Court and the applicant with an intention to linger on the trial has moved the application under Section 311 Cr.P.C for recalling the PW1 after about 8 years for delaying the same.
We have perused the impugned order dated 1.10.2018 passed by the learned Additional District Judge/Special Judge (Prevention of Corruption Act), Special Court No.3, Varanasi in the aforesaid case and find that the same does not suffer from any illegality or impropriety. Hence the revision lacks merit. It is liable to be dismissed and is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 18.12.2018 NS