..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.345 OF 2008 Santosh Shripat Ganjil. ..Applicant. Versus The State of Maharashtra and Anr. ..Respondents. .... Mr.H.R.Desai, Advocate for the Applicant. Mr.V.B.Konde-Deshmukh, APP, for State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 1st October, 2008. DATED : 1st October, 2008. DATED : 1st October, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking discharge in Case No.314 of 2007 which pertains to C.R. No.165 of 2002 of Andheri Railway Police Station, Mumbai. The said case is pending before the Sessions Court, Sewree. In the said case, the applicant is being prosecuted under Section 489(C) of Indian Penal Code and under Section 143 of the Indian Railway Act, 1989. 3. The learned Advocate for the applicant has stated that at this stage he is not pressing for ..(2).. discharge under Section 143 of the Railways Act and he is only seeking discharge under Section 489(C) of Indian Penal Code. 4. As far as Section 489(C) of IPC is concerned, it is seen that it is not the prosecution case that the applicant himself was found in possession of counterfeit currency notes. The case of the prosecution is that the co-accused was found in possession of one counterfeit currency note and not the present applicant. The applicant was not even at the spot when the co-accused - Dinesh Damane was found in possession of counterfeit currency note. Nor any counterfeit currency note was recovered at the instance of the present applicant. As far as Section 489(C) of IPC is concerned, it is seen that there is no legally admissible material to connect the petitioner with the crime. Thus, it is seen that there is no sufficient material to proceed against the applicant under Section 489(C) of IPC. Hence, the applicant is discharged under Section 489(C) of IPC. 5. Criminal Revision Application is disposed of accordingly. ..(3).. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)