ORDER :

1. This criminal revision has been brought challenging the legality, propriety and correctness of the order dated 12.03.2020, passed in Sessions Trial No. 22 of 2019, by the learned trial Court rejecting the application of the applicants filed under Section 227 of the Cr.P.C. praying for discharge.

2. These applicants and others were charge-sheeted for commission of offence under Section 409, 419, 420, 468, 471, 413, 120 (B), 201, 217, 34 of the Indian Penal Code, Section 3 (1), 7 of the Essential Commodities Act, 1955 and Section 66 (c) and 66 (d) of the Information Technology Act.

3. The applicants filed an application under Section 227 of Cr.P.C. stating that they have been falsely implicated in the case as there is no material present in the charge-sheet to show that the applicants have committed any offence as alleged. Although the applicants were members of super checking team, but there is no evidence that super checking team went through any checking or inspecting the documents, on which the team constituted for issuance of new ration card had worked. Hence, these applicants have not played any role in the said commission of offences and none of the offence registered against them is made out. The Additional District and Sessions Judge, Rajnandgaon has passed the impugned order by which, the application under Section 227 of Cr.P.C. was partly allowed and the applicants were discharged for offence under Section 413 of Cr.P.C., however, the case has been remanded to the Court of C.J.M. for trial of the applicants and others for the remaining offences, which are triable by J.M.F.C.

4. It is submitted by the learned counsel for the applicants that initially the FIR was lodged against one Rupesh Joshi and Prahlad Thakur for commission of offence under Section 3 (1), 7 of the Essential Commodities Act, 1955. On the basis of the report submitted by the Inspector Food Civil Supplies Department, Rajnandgaon. There had been no allegation in that report of Food Inspector, against these applicants. These applicants were members of super checking team, which was constituted by the Commissioner Municipal Corporation, Rajnandgaon vide (Annexure A-4) according to which, it was the duty of the applicants to verify the applications, declaration forms. Subsequent to the verification made by the nodal officer and before that being entered on-line. Other government officers and employees were entrusted with the duties to scrutinize and verifying the application and declaration forms of the persons who had applied for issuance of ration card. Therefore, these applicants were never involved in verifying and scrutinizing the applications and declaration forms of the applicants for ration cards at the first instance. The whole investigation shows that there is no case against these applicants. Relying on the judgment of Supreme Court in case of Dipakbhai Jagdishchandra Patel Vs. State of Gujrat & Another, reported in (2019) 16 SCC 547, it is submitted that the Supreme Court has held that Court is not expected to work as post office, it is the duty of the Court to sift the evidence and draw conclusion, whether the charge is prima-facie made out or not. It is submitted that the learned Additional Sessions Judge has not given consideration on the application and passed the order in mechanical manner. Hence, the revision petition be allowed and the applicants be discharged.

5. State counsel opposes the revision petition and the submission made in this respect. It is submitted that there is prima facie evidence present in the charge- sheet against these applicants. As the applicants failed to perform their duties and connived in the commission of offences, which shows their active participation. Hence, there is no case for discharge.

6. I have heard the learned counsel for the parties and perused the documents placed on record.

7. On perusal of the impugned order, it is apparent that after the discharge of the applicants under Section 413 of I.P.