Chandra Dhari Singh, J. - (1.) Heard Mr. I.B. Singh Sr. Advocate along with Mr. Ishan Baghel and Mr. Sajeet Singh learned counsel for the applicant, Mr. Shiv Nath Tehlari learned A.G.A. for the State and perused the records.
(2.) The present application has been filed for quashing the orders dated 28.11.2015, 24.02.2016 and 27.05.2017 passed by the learned Special Judge (SC/ST Act)/Additional Sessions Judge, Lucknow, in Sessions Trial No.06 of 2016 and 255 of 2016 (State vs. Mohammad Mahbood Ali @ Sheru @ Sheikh Alam) bearing Case Crime No.02/2015, under Sections 489-B, 489-C I.P.C. and Section 16 of Unlawful Activities (Prevention) Act, P.S. A.T.S., District Lucknow.
(3.) Brief facts of the case : I. According to the prosecution story on the basis of prior information a vehicle, 'Bolero', bearing the Registration No.B.R.-22-P-6092, driven by the applicant was intercepted at Gorakhpur Bus Stand, Gorakhpur, at early morning on 02.06.2015. Upon conducting a search of applicant and his bag, the total high quality counterfeit Indian currency worth Rs.5,04,500/- was recovered from the possession of the applicant. The first information report was registered on the same day in P.S. ATS, Lucknow, under Section 121A, 489-B, 489-C I.P.C. against the applicant as Case Crime No.2/2005. II.On 09.06.2015, the Police remand was granted and during remand, on the pointing out of the accused, Rs.50,000/- 'high quality counterfeit fake currency' was recovered from the house of one Vishal Jaiswal. The total Rs.5,54,500/-, 'high quality counterfeit fake currency' has been recovered from the possession of the accused/applicant. Driving licence issued by the Nepal authorities, certificate of Nepal citizenship, five visiting car, debit cards of different banks were also recovered. III.the Investigating Officer moved an application before C.J.M.-VIIIth, Lucknow regarding examination of recovered currency and after getting the order of the court, a report was received from the 'Currency Note Nasik Road' which was submitted before the court below. As per the examination report, the referred suspected note Rs.500/- and Rs.1000/- were certified as 'High Quality Counterfeit Notes'. IV.After receiving the report the, I.O. sent a letter to the Police Superintendent for seeking permission to add Section 16 of the Unlawful Activities (Prevention) Act, 1967. On 05.08.2015, permission was granted and Section 16 of the Unlawful Activities (Prevention) Act, 1967 was added and the Investigation of the Case was transferred to Deputy S.P., ATS. V.The charge sheet bearing No.03/2005 was filed under Section 489-B, 489-C I.P.C. on 28.11.2015. The Special Judge SC/ST Act /Additional District Judge, Lucknow took cognizance for the offence punishable under Sections 489-B, 489-C I.P.C.. For the charges of Section 16 of the Unlawful Activities (Prevention) Act, 1967, the prosecution sanction was granted on 22.12.2015 and thereafter, the supplementary charge sheet No.3A/16 was submitted on 05.01.2016. The Special Judge SC/ST Act/Additional Sessions Judge, Lucknow took cognizance for offence, under Section 16 of the Unlawful Activities (Prevention) Act, 1967. VI.Vide order dated 24.02.2016, cognizance was taken on additional/supplementary charge-sheet No.3A/2015, offence under Section 16 of Unlawful Activities (Prevention) Act, 1967. VII.The applicant/petitioner moved an application for discharge before the court below. Vide order dated 27.05.2017, the court below dismissed the discharge application and framed the charges against the applicant/petitioner.;