STATE OF KARNATAKA Vs. S NAGARAJA MURTHY

JUDGEMENT

(1.) ALL these five revision petitions are filed by the State against the order of discharge of accused Nos. 5 and 6 respondents herein in C. C. Nos. 8211/98. 8210/98 8212/98 by orders dated 14-2-2000 and 18-2-2000 passed by the 14th Addl. C. M. M. , bangalore.

(2.) THE main grounds urged by the State for discharging of respondents (accused Nos. 5 and 6)in respect of the cases are that there is no sufficient material placed on record by the prosecution to show that there is prima facie case to frame the charges against accused Nos. 5 and 6, who are responsible for misappropriation of foodgrains supply to various godowns without supplying those food grains weighing about 5672. 13 quintals, worth Rs. 39,98,851-65, misappropriated by accused nos. 1 to 5 with connivance of accused No. 6 viz. , respondent in Crl. R. P. Nos. 337 and 360/00; the impugned order discharging of accused was illegal and erroneous. The materials collected by the prosecution show that there is material against accused persons and the trial Court erred in making a critical comment and saying that it is a cooked up matter. The accused No. 6 being the manager of k. F. C. S. C. , Bangalore in connivance of accused Nos. 1 to 5 made accused persons to misappropriate and also directed to furnish fresh release order. Even though the earlier consignment entrusted to the accused Nos. 1 to 4 to transport the said consignment to the various godowns for distribution purpose was not done, the accused Nos. 1 to 5 in connivance with accused No. 6 committed misappropriation, thereby causing damage to the tune of Rs. 39,98,851-65. Hence this revision petition.

(3.) BRIEF facts leading to this case are that respondents Nos. 1 to 4 are the partners of m/s. Vijayalakshmi Lorry Service Limited and accused No. 5 was working as an agent of accused Nos. 1 to 4 for getting a contract for transportation of food-grains from K. F. C. S. C. , bangalore. Whereas accused No. 6 was working as a district Manager of the K. F. C. S. C. for transportation of food-grains from the food Corporation of India godown situated at White field and K. R. Puram to the sale points of K. F. C. S. C. , Bangalore East. Accused nos. 1 to 5 in the connivance with accused no. 6 the respondent herein, with a dishonest intention of cheating the Corporation and misappropriating the rice entrusted to them for transportation, have lifted the stock of rice from the godown of Food Corporation of India at the instance of accused No. 6 and they have torn the truck sheets given by the F. C. I. and misappropriated the rice weighing about 5672. 13 quintals worth Rs. 39,98,851-65 without delivering the said stock of rice to the whole sale points of K. F. C. S. C. , Bangalore as per the contract of transportation and also they have furnished the false accounts to the corporation and claimed the transportation charges and thus caused loss to the Corporation and thereby they have committed the criminal breach of trust. Therefore, the Corporation filed a complaint against accused nos. 1 to 6, which includes respondents in the said five revision petitions. Accordingly, on the basis of the complaint filed by the k. F. C. S. C. , the S. J. Park Police Station registered a case in Crime No. 129/97 for the offences punishable under Ss. 406, 407, 420, 477 (A), 201 and 120 (B) r/w S. 109, Indian penal Code.