ORDER :

The petitioner alongwith his brother was made accused in Koderma PS Case No. 338 of 2001 which was registered for commission of the offence under sections 342, 353 and 323 read with section 34 of the Indian Penal Code (in short, 'IPC').

2. In T.R. No. 493 of 2008, Ashok Malhotra and Gopal Malhotra both sons of late Sardari Lal Malhotra were convicted and sentenced to RI for two years under section 353 IPC.

3. Criminal Appeal No. 01 of 2009 filed by both the convicts was dismissed by judgment dated 31st August 2010.

4. Gopal Malhotra filed the present criminal revision petition on 09th February 2015 and thereafter surrendered on 13th April 2015 – he was released on bail on 16th April 2015.

5. In T.R. No. 493 of 2008, seven witnesses were examined by the prosecution. In addition to oral evidence, seizure memo, written report of Awadh Kishore Singh and First Information Report were laid in evidence. On behalf of the defence, Amit Kumar Sahana was produced in the Court to prove the sanha report vide Sanha No. 256 of 2000.

6. One of the contentions raised during the trial was that only for the reason that the accused refused to produce license for the shop the offence under section 35