Anil Kumar Srivastava, J. - (1.) Instant revision has been filed by the revisionist- Union of India against the impugned order dated 9.2.2004 passed by the Special Judge, (S.C/ST Act), Lucknow in Criminal Revision No. 233 of 2003, Mudit Srivastava and another Vs. State of U.P through C.B.I.,whereby learned Special Judge has allowed the revision and set aside the order passed by the learned Special Judicial Magistrate (Pollution/CBI), Lucknow dated 30.10.2003 in Criminal Case No. 204 of 2001 arising out of RC 2 (S)/99 S.I.C. II/New Delhi rejecting an application of the accused for discharge.
(2.) Facts, in brief, are that a first information report no. 489 of 1998 dated 14.12.1998 under sections 420,467,468,352,504,506 and 120-B IPC was registered at Police Station Cantt. Allahabad on a complaint of Dhirendra Kumar Srivastava, under order of the High Court, Allahabad passed in Writ Petition No. 4235 of 1999 dated 1.2.1999.
(3.) Dhirendra Kumar Srivastava, complainant stated before the CBI that sim card no. 9839050318 was sold by him to Santosh Sharma, Mudit Srivastava and Gaurav Srivastava on payment of Rs.7,000/- in the last week of March, 1998. After one week Kaushik Ghosal of Essar Company contacted him for permission for releasing STD/ISD facility on the said sim card no. 50318, but he did not allow the said facility. After about a month, a bill of Rs. 9,000/- was received by him against the said sim at his residential address. When he contacted the Essar Company, it was informed that the said sim card is being used by a big man. Thereafter, he contacted one Santosh Sharma, who abused him on 14.12.1998. He also contacted Mudit Srivastava and Gaurav Srivastava, who also abused him and threatened that he should not inquire about it, otherwise he and his whole family would be finished as the sim card is being used by hard core criminal Babloo Srivastava from Naini Jail. Babloo Srivastava was in Naini Jail, Allahabad from 31.1.1997 to 11.06.1999 and was transferred to Bareilly Jail. He contacted various persons in jail. Unauthorised facilities of sim cards etc were being provided by Jail Superintendent to him. Mobile No. 9839054505, which was in the name of Santosh Sharma, was being used by Babloo Srivastava. In pursuance of the criminal conspiracy, Mudit Srivastava had also contacted Shri D.P. Singh Advocate, Lucknow on mobile phone. Shri D.P.Singh Advocate purchased the sim cards as per the request and instructions of Babloo Srivastava and handed over the same to Babloo Srivastava. Other phone Nos. 5414551098- 52868 were in the code name "R.K.Chaurasia" of Babloo Srivastava.;