Court No. - 49
Case :- CRIMINAL REVISION No. - 1128 of 2018 Revisionist :- Rakesh Kumar Singh Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Prabhakar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Sri Ram Lal Mishra holding brief of Sri Prabhakar Dubey, learned counsel for the applicant and learned A.G.A. for the State.
Supplementary affidavit filed today is taken on record.
Learned counsel for the applicant submits that while the material that had remained upon completion of the contract had been returned to the opposite party no.2, which is evidencd from the document annexed with the supplementary affidavit and further the work as awarded to the applicant could not be completed because of certain disputes existing with respect to the land over which the work was to be executed, which fact is stated to be admitted to the opposite party no.2 vide its communication dated 18.10.2014 also annexed with the supplementary affidavit. It is thus submitted that the applicant has been falsely implicated arising out of certain disputes pertaining to his bills. The applicant has already been enlarged on bail after taking note of the aforesaid fact.
At present, the discharge application filed by the applicant has been rejected. Learned counsel for the applicant placed reliance on the aforesaid document to press that the applicant is entitled to be discharge since dispute between the parties is purely civil and the allegation in the FIR stands falsified on the basis of unimpeachable document annexed with the supplementary affidavit.
However, it is not disputed that the aforesaid documents being relied by the applicant are not part of the prosecution records.
The discharge having been claimed under Section 239 Cr.P.C., at present the document which may be read in relied upon by the applicant in evidence during the trial cannot be examined.
In view of the nature of offence, the trial may be completed as expeditiously as possible without allowing any undue or long adjournment.
The present revision is disposed of. Order Date :- 26.4.2018 Mini