SOHAN LAL KOHLI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Challenge in this petition is made to the charge under Ss. 120-B, 420, 409 IPC framed against the petitioner in Criminal Case No.288 of 2016, State vs. Sohan Lal and others, by the court of Chief Judicial Magistrate, New Tehri, Tehri Garhwal (for short, "the case").

(2.) Heard learned counsel for the parties and perused the record.

(3.) The prosecution case is as follows. An FIR was lodged against the petitioner and others with the averments that they misappropriated Rs.2,85,600.00, which was meant for the disbursement to the beneficiary of Swajal Project. According to the FIR, at the relevant time, the petitioner was working as Assistant Block Development Officer. Co-accused Balveer Lal was working as Village Development Officer. It is this FIR, in which after investigation, charge-sheet was submitted and proceedings of the case has been initiated. In the case, after the stage of framing of the charge, arguments were advanced on behalf of the petitioner, but the court by the order dtd. 15/2/2020, observed that there are sufficient grounds to frame charges under Ss. 120-B, 420, 409 IPC against the petitioner. This order dtd. 15/2/2020, passed in the case has been unsuccessfully challenged by the petitioner in Criminal Revision No. 2 of 2020, Sohan Lal Kohli vs. State of Uttarakhand, which was decided on 23/11/2021 by the court of Additional District and Sessions Judge, Tehri Garhwal. On 13/10/2020, charges under Ss. 120-B, 420, 409 IPC have been framed against the petitioner. In fact, the record reveals that the prosecution has started adducing evidences.