Gulam Qudaratullah Khan v. State Of Chhattisgarh
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IN THE HIGH COURT OF JUDICATU'KE AT BILASPUR
CRIMINAL R6VISIQN N0.
/2013 Slssrt^ B©nc?
Applicant:
Sulam Qudaratullah Khan s/o of Sulam Rehmatullah, aged about 64 years, R/o Rajatalab, .-^.-F^p ^-'~.LWy"
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Civil Line, Raipur (Chhattisgarh) Respondent;
State of Chhattisgarh through <E)i4#- n°)"r the 'colt&et&p North Bastar <- Kanker (C.6.) Crime No. 141/12 < Revision Under SectiorL397L Read with Section 401 of the Code of Criminal Procedure 1973, ./"
Being aggrieved by the order dated 12.12.2013 passed by the Court of Shri M.
Katulkar, learned Special/Session Judge, North Bastar Kanker is enclosed herewith as ANNEXURE P-1 in 5pecial Session Trial Nb.13/12 between State of C.6. Vs. eulam Qudaratullah Khdn and Others thereby rejecting the application under section 319 of the Code of Criminal Procedure is enclosed herewith as ANNEXURE P-2 filed by the present applicant, hence applicant prefer this revision on the following facts and grounds:-
HIGH COURT OF CHHAmSGARH AT BILASPUR SB:- Hon'ble Shri Justice T.P. Sharma Criminal Revision No.865 of 2013 Applicant Gulam Qudaratullah Khan versus State of Chhattisgarh Respondent Revision under Section 397 read with Section 401 of the Code of Criminal Procedure.
Appearance:
Shri Raza Ali, counsel for the applicant.
Shri Ashish Gupta, Panel Lawyer for the State/respondent;
ORDER
(Passed on 01.01.2014) By this revision, the applicant has challenged the order dated 12.12.2013 passed by Special Judge, Scheduled Caste and Schedule Tribe (Prevention of Atrocities), Act in Special Sessions Trial No. 13/12, whereby application filed on behalf of applicant/accused for impleading Bank Manager Sandeep Nayak of State Bank of India as accused under Section 319 of the Cr.P.C. has been dismissed.
2.
Heard leamed counsel for the applicant and perused the orders impugned, application filed under Section 319 Cr.P.C. of co-accused i.e. the applicant, copies of deposition of Gangaram Thakur (PW-1) and Mangig-am Markam (PW-5), which shows that Sandeep Nayak, Branch Manager, State Bank of India has given rin pustika to one Raj Sharma and also intiinated the same to the complainant. The complainant also ensured the aforesaid facts thereafter alleged offence has been committed.
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Considering the aforesaid facts, the Court below has dismissed the application for impleading Sandeep Nayak as accused and he is not the accused before the Court under Section 319 Cr.P.C.
By dismissing the application, the Court below has not committed any illegality.
Consequently, the revision is liable to be and is hereby dismissed. Sd/- T.P. Sharma Judge Bini