- (1.) This revisional application has been preferred against the order No. 44 passed by the Learned Additional District and Sessions Judge, 1st Fast Track Court, in Sessions Case No. 120 of his Court 17th of March 2015.
(2.) The Learned Sessions Judge by way of the impugned order had rejected and application filed on behalf of the petitioner under Sections 227 of the CPC in which he had prayed for being discharged from the proceedings in which a charge-sheet was submitted against him and some other accused persons under Sections 120B/395/397/365 of the IPC and under Sections 25/27 Arms Act. The back ground of the matter is that the defacto complainant namely Satya Narayan Sarswat had lodged the FIR by way of his statement in the Burrabazar P.S on 26.07.2013 on the basis of which FIR No. 364 of the said Police Station was drawn up under Sections 170/420/120B of the IPC initially. Against three unknown accused persons.
(3.) The gist of the statement of the de-facto complainant was that on the relevant date (25.07.2013) he was engaged in his normal business affairs in his office premises at about 5.30 p.m. At that time five tall and well-built unknown persons entered into his room and introduced themselves as CID officers. The complainant could spot a Holster tied to the waist of one of those persons from which a portion of the pipe was also visible. In addition, those persons were carrying Walkie-Talkies which made the complainant believe that they were actually CID officers. Those persons then said that they were going to search the premises since arms were hidden there. Thereafter they commenced the search and started to stuff an amount of Rs. 6 lakhs approximately which was kept in the room, in a black bag. The complainant also on their instruction helped them in stuffing the money inside the bag. Thereafter those persons told the complainant that he would have to accompany them to "Bhawani Bhawan". They accordingly started leaving the premises with the complainant and the money, but then suddenly while alighting from the stairs removed the CCTV machine which they also took with them. On reaching downstairs they made the complainant to board a cream coloured car and started the journey ostensibly towards "Bhawani Bhawan". In this manner after going around Ganesh Talkies they went via Central Avenue towards Victoria. The complainant requested them not to take him to "Bhawani Bhawan" and to let him go. The culprits then dropped him at a crossing and went away. From there the complainant took a taxi and reached the Police Station where he then lodged the FIR.;