ATTAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been preferred by the accused- revisionist Attar Singh, challenging the order dated 9.8.2000, passed by 12th Additional Sessioh Judge, Ghaziabad in Criminal Revision No. 274 of 1999, whereby the order dated 5.6.1999, was quashed, which was passed by Additional Chief Judicial Magistrate, Hapur in Criminal Case No. 762 of 1999, arising out of case crime No. 762 of 1999, State v. Attar Singh, under Section 406, IPC, P.S. Hafizpur, District Ghaziabad whereby the revisionist was discharged.

(2.) Heard the learned counsel appearing on behalf of revisionist, the learned counsel appearing on behalf of opposite party No. 2, the learned AGA for the State and perused the record. The controversy was borne out in this revision whether the Additional Chief Judicial Magistrate can quash the charge-sheet and discharge the revisionist after only considering the defense evidence under Section 239, Cr.P.C.

(3.) The prosecution case in nutshell is that the FIR was registered against the revisionist on 8.3.1999, vide case crime No. 26 of 1999, under Section 406, IPC, P.S. Hafizpur, Sub District Hapur, District Ghaziabad, with the allegation that the revisionist who was the Manager of the Adarsh Vidya High School, Bhatiyana, Bhirpur, District Ghaziabad was entrusted to purchase scientific instruments on 28.5.1995 and the instruments were purchased but it were not handed over to the school. The first informant is the Principal of the school, and on his pursuation neither the money was returned nor the instruments were supplied to school and as such misappropriated the money to the tune of Rs. 10,494/-. Therefore, the FIR was registered against him. After collecting the material evidence the Investigating Officer has submitted charge-sheet against the revisionist.