MANSOOR ALI KHAN QAZMI Vs. STATE

JUDGEMENT

(1.) These applications in revision are directed against an order of Sri K.L. Mehra, Magistrate First Class, Etah, framing a charge against the Applicant for an offence punishable Under Sec. 409, IPC. Revisions filed by the Applicant against the order of the learned Magistrate were dismissed by the learned Civil and Sessions Judge, Etah.

(2.) The relevant facts leading up to these revisions are that the Applicant Sri M.A. Khan Qizmi was during the relevant periods the Dy. Inspector of Schools, Etah and the co -accused Sri D.N. Tripathi was the Clerk, Zila Parishad, Etah. It appears that certain grants of money from the Govt, meant for the students of the areas effected by flood, for scholarships and books aid to them were encashed by Sri D.N. Tripathi in the last week of March, 1964 in Criminal Revision No. 1878 of 1965 and between July 1963 and April 1964 in Criminal Revision No. 1879 of 1965 (the total amount being Rs. 507.15 P. in Criminal Revision" No. 1878 of 1965 and Rs. 1720.50 P. in Criminal Revision No. 1879 of 1965) and the said amounts were not disbursed or explained and they were embezzled. After investigation, the police submitted charge sheets against Sri D.N. Tripathi as well as the Applicant.

(3.) Examined by the learned Magistrate, Sri D.N. Tripathi stated that he had encashed the said bills from the State Bank of India but he had handed over the entire amount of money to the Applicant who was the Deputy Inspector of Schools and the Applicant had implicated him only in order to save himself.