Court No. - 1
Case :- CRIMINAL REVISION No. - 1859 of 2018 Revisionist :- Rohit Shah Opposite Party :- C.B.I.
Counsel for Revisionist :- Sandeep Saxena,Samarth Krishna Counsel for Opposite Party :- Gyan Prakash
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sandeep Saxena, learned counsel for the revisionist and Sri N.K. Verma, learned A.G.A. for the State and perused the record.
The present crl. revision has been preferred against the judgment and order dated 13.02.2018 passed by Special Judicial Magistrate, CBI, Ghaziabad in Case No. 367B of 2006 under section 120B and 420 IPC (CBI Vs. Rohit Shah) pending in the Court of Special Judicial Magistrate, CBI Ghaziabad.
Learned counsel for the revisionist submitted that the impugned order by which the charges have been framed against the revisionist for the offence in question is liable to be set aside as there appears to be no evidence against the revisionist for framing of the charges.
Learned counsel for CBI has pointed out that the revisionist has earlier filed Criminal Revision No.3562 of 2006 in which though an interim order was passed but the same was dismissed for want of prosecution on 30.9.2016 and the impugned order does not suffer from any illegality as the charges have been framed against the revisionist by the trial court and the revisionist has delayed the proceedings of the trial for the last 12 years.
We have perused the impugned order dated 13.02.2018 passed by Special Judicial Magistrate, CBI, Ghaziabad and find that the same does not suffer from any illegality, impropriety, infirmity or jurisdictional error. Hence the revision lacks merit. It is liable to be dismissed and is, accordingly, dismissed.
Office is directed to keep a copy of this order on the record of Criminal Revision No.3562 of 2006 forthwith.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 31.5.2018 AU