A MANIK RAJ Vs. STATE OF U P

JUDGEMENT

(1.) THE applicant, Sri A. Manik Raj, was employed as a clerk in St. Peter's College, Agra. It was his duty to collect fees from the students, maintain accounts and handover the amount so collected to the Principal-cum-Rector. THE accounts of the College were got audited by a firm of Auditors called M/s. Mehta and Company in the year 1966. THE Auditors found that the applicant had not handed over to the Principal the entire amount of fee received by him during the years 1962, 1963, 1964 and 1965. THEy also found that the applicant had falsified the accounts and embezzled an aggregate amount of Rs. 43, 554.64 P. as detailed below ;- A-From Day Scholar's Fee*; 1962 ... Rs. 7881.29 1963 ... Rs. 8453.45 1964 ... Rs. 8361.25 1965 ... Rs. 5640.30 B-From the Boarders' Fee : 1963 ... Rs. 3705.30 1964 ... Rs. 1886.36 1965 ... Rs. 7626.69 On 26-11-1976 the Principal reported the matter for action to the police. A case was registered against the applicant at Police Station Hariparwat, district Agra. As a result of investigation, which followed, charge-sheets were submitted against the applicant in the court of Magistrate 1st Class Agra. By his order dated 20th April, 1970, the learned Magistrate discharged the applicant with regard to the alleged embezzlement in the year 1962. Against the aforesaid order the State filed a revision, which was allowed by the learned Sessions Judge, Agra, on 19-11-1970 and the case was remanded back to the Magistrate. After remand the learned Magistrate, by his order dated 7-2-1972, committed the accused to stand his trial under Sections 408/477-A, IPC. THE applicant challenged the order in revision before this Court, but it was all in vain. In the meantime, the applicant was committed to and tried by the court of Sessions, Agra, in Sessions Trial Nos. 113, 114 and 115 of 1971, with regard to embezzlements during the years 1963, 64 and 65. THE learned Sessions Judge convicted and sentenced the applicant under Sections 408, 477-A and 468, IPC. THE applicant appealed to this Court. On 14-7-1975 a learned Judge of this court allowed the appeals and acquitted the applicant.

(2.) THE applicant's trial with regard to the alleged embezzlement in the year 1962 is still pending, being Sessions Trial No. 131 of 1972, in the court of III Additional Sessions Judge, Agra. By means of this application under Section 482, CrPC, the applicant prays that the trial as also the committal order dated 7-2-1972 be quashed.

(3.) IN paragraph 6 of the counter- affidavit it is stated :-