RISHABH MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision petition has been filed on 18.2.2019 under section 397/401 of CrPC by petitioner Rishabh Mishra S/o Dinesh Mishra, who is an accused in Sessions Trial No.578/2018 pending before the 22nd Additional Sessions Judge, District Bhopal, against the order dated 24.11.2018 framing of charges under sections 468/34, 420/34, 120-B, 471/34 and 409 of IPC against the petitioner.

(2.) The Additional Sessions Judge framed the charges against the petitioner on 24.11.2018 as under:-

(3.) It is submitted by the counsel for petitioner that the FIR dated 18.03.2018 was lodged only against 2 accused named Pooran Pandey and Navneet Singh Arora. During the course of investigation, upon the basis of memorandum of Pooran Pandey under section 27 of Evidence Act, the petitioner has been wrongly implicated in this case along with other co-accused. No complaint was made against the petitioner. No specific and general allegations were made against the petitioner. The ATM in which such misappropriation of cash is reported were never under the domain or control of the petitioner. The petitioner had never been allotted the said route of ATM during his service to the company as an employee. No any ingredients have been found in the entire evidence submitted along with the charge-sheet related to the offence alleged. It is also argued that even if it is presumed that the petitioner received some money from the main accused, then he may be prosecuted only for the offence under section 411 of IPC. The petitioner was terminated by the company in July, 2017. Therefore, it is requested to set aside the order dated 24.11.2018 related to framing of the charges against the petitioner. The petitioner placed reliance upon the case of Mohammed Ibrahim and others Vs. State of Bihar and another, 2009 8 SCC 751.