1

Judgment reserved on 13.01.2020

Judgment delivered on 20.02.2020

Court No. - 69

Case :- CRIMINAL REVISION No. - 4447 of 2019

Revisionist :- R.E. Kil Roy Rocky

Opposite Party :- State Of U.P. And 2 Ors.

Counsel for Revisionist :- Mohammad Waseem

Counsel for Opposite Party :- G.A.

Hon'ble Dinesh Kumar Singh-I,J.

1.

Heard Sri Mohammad Waseem, learned counsel for the

revisionist, Sri G.P. Singh, learned A.G.A. and perused the record.

2.

The instant revision has been filed against the judgment and

order dated 10.10.2018 passed by Additional Session Judge/Special

Judge (Prevention of Corruption Act), Court No.2, Varanasi in

Special Session Trial No. 29 of 2001 under sections 13 (1) (C) / 13

(2) of Prevention of Corruption Act and under sections 465, 467,

468, 471, 201, 408, 120-B IPC, Police Station U.P. Intelligence

Department, Civil Lines, District Allahabad by which the

application no. 45 Ka of the revisionist-accused R.E. Kil Roy

Rocky has been rejected and 26.10.2018 was fixed for framing of

charge.

3.

It would be appropriate to give the facts of the present case

before making final appreciation as to whether the impugned order

suffers from any infirmity.

4.

As per record, one private person who was the Corporator

namely, Pravesh Tripathi has addressed a letter to the Home

Minister of the State of U.P. stating therein that the Principal and

the office member of Girls High School, Elgin Road, Allahabad

2

which is a minority institution, was realizing fee illegally which

required immediate enquiry against the Principal of the said school

namely, Smt. Edna Revis. The Principal of the said college was

having two buses which were plying every day between Allahabad

and Varanasi without permit and fare was being realized and in this

manner every month, Rs.20,000/- as passenger tax was being

evaded. The son of the Principal namely Prashant is also residing in

the bungalow situated inside the school and it was commonly

known that he was indulging in nefarious activities such as

gambling etc. The husband of the Vice Principal Smt. Tuppar, who

lived in Ashok Nagar, used to consume intoxicant and her own son

was living in a house of an Advocate namely, Sri Neeraj Kant

Verma near the Girls College premises and he was also involved in

nefarious activities. The father of Sri Neeraj Kant Verma was a

High Court Judge. He has deserted his wife, Smt. Tuppar who has

been seen with other ladies and girls in the huge bungalow at odd

hours and also some men used to be seen. Sri Neeraj Kant Verma

was also a counsel of railways where he was indulging in illegal

activities. Smt. Tuppar, Sri Neeraj Kant Verma and Smt. Edna

Revis and their sons used to charge Rs.10,000/- to Rs.50,000/- from

each student for admission in the hostel and school. The students

who are residing in the said hostel, their parents are anti-national.

The son of Smt. Edna Revis was paid advance of Rs.50,000/- by

cheque on 15.9.1990, no details thereof were given nor any work

was performed by him. The said public funds have been embezzled

by him for which he needs to be arrested forthwith. An amount of

Rs.24,500/- was paid to Verma and Company although there was

no shop by the said name available. The contractor used to supply

furniture etc. in the said college whose firm was by the name of

Company Enterprises, which was fake firm and during sessions

1985-86, 1986-87 there were paid bills of worth Rs.2.00 lacs

3

through cheques. The said firm was being run by Prashant Revis

and his daughter Ankani Revis and their current account no. 693 is

existing in Syndicate Bank, Civil Lines Branch, Allahabad. In

1987-88, the bills were arbitrarily prepared to be paid to the big

contractors which were fake. Cheques were prepared in their name

for example Shushil Sharma who was shown to run a company in

the name of Sharma and Company, 504, Purana Mumfordganj,

Allahabad, a fake paymen