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2015 Supreme(All) 4016

HARSH KUMAR
Shyam Nath Ram – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Revisionist :- V.P. Srivastava, Shashi Prakash Singh,Indra Raj Singh
For the Opposite Party :- A.G.A.

JUDGMENT

Harsh Kumar, J.

The criminal revision has been filed by accused-revisionist against order dated 7.10.2015 passed by Special Judge, Anti-Corruption, Court No.4, Varanasi in Special Trial No.4 of 2004, rejecting applications 57B & 60B of Public Prosecutor under Section 321 Cr.P.C. for permission to withdraw from prosecution as well as for discharging the accused-revisionist.

2. The brief facts relating to prosecution case as well as relevant for the purpose of revision brought before me during arguments advanced by learned counsel for the revisionist are as under: -

(i) Prosecution Case: -

3. "that on 17.1.2002 the complainant Ashok Kumar's Truck No.USM-9361 was going from Mijipur to Shakti Nagar for getting the coal loaded of which papers were allegedly valid up-to-date, but the revisionist, who was posted as A.R.T.O., Sonbhadra falsely Challaned his vehicle and imposed a fine of Rs.3050/- which were deposited by him on 2.2.2002 vide receipt no.433062; that despite deposit of fine accused-revisionist made a demand of Rs.1,500/- as illegal gratification (Suvidha shulk) and a further sum of Rs.500/- per month, per vehicle towards his entry fee (Suvidha shulk) without which the




















































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