RAMJI PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Additional Government Advocate for the State-respondents.

(2.) The facts of the case, which can be culled out from the pleadings available on record, are that an FIR at Case Crime No. 80 of 2002, under Section 409, IPC was lodged by the petitioner himself at Police Station Fatanpur, District Pratapgarh with the allegation that in the physical verification of the stock of Sadhan Sahkari Samiti Limited, Narainpur Kala, Development Block Gaura, District Pratapgarh conducted on 30.09.2001, deficiency of 27.500 metric tonne of Urea and 21.700 metric tonne of DAP fertilizer was found, total value of which was Rs.3,09,300/-, which has been embezzled by the accused named in the FIR, namely, Ved Prakash Singh, who was the In-charge Secretary of the Co-operative Society at that point of time. In the FIR, it was recited by the complainant-petitioner that accused Ved Prakash Singh deposited a sum of Rs.25,000/- on 15.05.2002 and thereafter again deposited a sum of Rs. 25,000/- on 29.05.2002. However, the complainant has embezzled rest of the amount along with interest accrued thereon. The FIR was investigated by the Investigating Agency which in this case appears to have been conducted by the Special Investigation Branch (Co-operative), Range Faizabad. On conclusion of investigation, impugned charge sheet dated 19.05.2005 was filed before the court below and accordingly learned Additional Chief Judicial Magistrate by means of the order dated 12.08.2005 passed an order taking cognizance of the offence.

(3.) It may be observed that on investigation of the FIR, it appears that complicity of the petitioner himself (who had lodged the FIR) in commission of the crime was found and accordingly charge sheet has been filed not only against the named accused in the FIR, namely, Ved Prakash Singh but also against the petitioner-Ramji Pandey.