C K SREEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in the above Crl. R. P. and Crl. M. C. is the same person. He is the accused in C. C. No. 188 of 1994 pending before the Judicial First Class Magistrate's Court, Mavelikkara.

(2.) Crl. R. P. No. 770 of 1998 is filed by the petitioner challenging the order dated 7-10-1998 passed by the Judicial First Class Magistrate, Mavelikara in C.M.P. No. 8982/98 filed by him under S. 239, Cr. P.C. to discharge him, dismissing the petition. Crl. M. C. No.5694 of 1998 is filed by the petitioner to quash the order dated 23-10-1998 in C.M.P. No. 10517/98 passed by the Judicial First Class Magistrate, Mavelikara dismissing the application filed by him under S. 468(2)(c) read with S. 469(1)(b), Cr. P.C. to acquit him in the case since the charge-sheet is filed against him after the expiry of the period of limitation. Since the petitioner has filed the above Crl. R. P. and Cr. M.C. in respect of the very same case pending before the lower Court, they are heard and disposed of by this common order.

(3.) On the basis of the complaint laid by the Assistant Engineer of KIP (RB) Section on 20-7-1989 the Nooranad Police registered a case against the petitioner in Crime No. 178/89 alleging offence punishable under S. 406, IPC. The allegation is that the petitioner herein had executed an agreement with the Superintending Engineer, KAP R. B. Circle, Kottarakara on 4-11-1985 with regard to the Kurathikadu KIP RBC formation from chainage 0 to 6800 meters including CD works and while executing the work during the period from 20-5-1989 to 11-7-1989 the petitioner misappropriated certain departmental materials supplied to him for the execution of the work to the value of Rs. 3.50 lakhs and thereby he has committed the offence punishable under S. 406, I.P.C. After investigation the Nooranand Police laid charge-sheet against the petitioner which was taken on file as C.C. No. 188/94 by the Judicial First Class Magistrate, Mavelikara.