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2022 Supreme(MP) 569

SUJOY PAUL
GHANSHYAM PATEL @ LALLU – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


ORDER : – With the consent, finally heard.

2. This revision filed under section 397/401 of the Criminal Procedure Code (hereinafter referred as ‘Cr.P.C.’) takes exception to the order dated 29-6-2018 passed in Sessions Trial No. 44/2017 by learned Second Additional Sessions Judge, Umariya, whereby charge under sections 467/120-B, 468/120-B and 471/120-B of the Indian Penal Code are framed against the applicant.

3. Shri Manish Datt, learned Senior Advocate for the applicant by placing reliance on the factual backdrop which is reproduced in the charge as well as in the FIR urged that as per the case of prosecution, applicant’s younger brother Raghunath Patel by projecting himself to be present appellant and by using the mark-sheet/documents of present applicant secured employment in South Eastern Coalfields Limited (SECL). Accordingly, employer lodged the FIR on 27-6-2014 as Crime No. 220/2014. On the basis of this FIR, the investigation was conducted and ultimately the matter travelled to the Court and Court below framed the charges on 29-6-2018.

4. Learned Senior Advocate submits that there is no independent charge made under section 120-B of Indian Penal Code against the applicant

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