- (1.) Heard learned counsel for the revisionist, learned AGA and perused the records.
(2.) This revision has been preferred against the order dated 16.10.2012 passed by Additional Chief Judicial Magistrate (Eastern Railway), Varanasi in Crl. Case No. 1847/2011 of 1999 (State v. Gopal Tiwari & Another) in case crime no. 465/1999 u/s 171, 467, 468, 420, 342, 506 and 392 IPC to accused Gopal Tiwari and Mohd. Shahid were challaned.
(3.) The prosecution was that two accused had introduced themselves to informant Dr. Sriprakash Singh as S.P. and Inspector of C.B.I. New Delhi, detained informant and and threatened him by showing revolver and looted him. AT the time of this incident, complainant saw the other policeman, approached them and informed the matter to them, then two accused were apprehended in the aforementioned case, as well as case no. 464/1999 u/s 3/25 Arms Act. After completion of investigation, charge-sheet was submitted against those two accused persons. During trial the prosecution side had moved application dated 24.10.2011 u/s 323 CrPC. Then the trial court had received objection on the said application from the accused and thereafter disposed of said application after hearing the parties, and ordered that cognizance of offence u/s 397 IPC is also taken against the accused Goptal Tiwari and Mohd. Shahid. Accordingly, two accused were directed to present before the court for committal/trial of the case. Aggrieved by this order, present revision has been preferred by one of the accused Gopal Tiwari.;