MOHD USMAN Vs. STATE OF M P

JUDGEMENT

(1.) Being aggrieved by the order dated 25-9-2001 passed by Additional Chief Judicial Magistrate, Chindwara in Criminal Case No. 1395/02, the petitioner has filed this revision invoking jurisdiction of this Court under Section 397/401 of the Code of Criminal Procedure.

(2.) Facts of the case which led to filing of this revision are that Executive Engineer, M.P. Electricity Board lodged a report at police station Chhindwara, alleging that on 22-5-1995 eight Transformers were issued to Ramesh Patankar, Assistant Lineman from Regional Store of M.P. Electricity Board located at Chandangaon. Gate pass Nos. 40, 39 and 41 were also issued. Since the vehicle for transportation was not available on that day, transformers could not be carried to their destination. On 25-5-1995 Assistant Lineman Ramesh Patankar transported only 3 transformers to Umarnala but remaining 5 transformers were not sent to Umarnala and they were misappropriated. The register maintained by security guard reveals that these 5 transformers were taken out from the main gate. As per the procedure, second copy of the gate pass is required to be deposited with the security guard but the second copy of gate pass was not deposited by Ramesh Patankar. It is alleged that at the relevant time Vinayak Dandekar was the storekeeper and the petitioner Mohd. Usmani was the Executive Engineer posted at the store.

(3.) On a written report lodged by the Executive Engineer Crime No. 656/97 was registered at Police Station Chinndwara, on 5-10-1997. It is alleged in the first information report that the above referred three persons hatched conspiracy in the planned manner and misappropriated five transformers.