AMRITLAL AHIRWAL Vs. STATE OF M P

JUDGEMENT

(1.) The applicant has filed this revision under Section 397 (1), r/w Section 401 of Cr.P.C being aggrieved by the order dated 21.6.2010 passed by the IVth A.D.J., Fast Track Court, Damoh in S.T. No. 313/09 whereby charge of Section 409 of IPC was framed against the applicant while charge of Section 406 of IPC was framed against co-accused Hira Singh, who was the President of Palak Shikshak Sangh of the concerned school.

(2.) The facts giving rise to this revision in short are that from the office of Block Development Shodh Samanavaya Shiksha Kendra, Patera a report in writing dated 19.3.2009 was received at P.S. Hata. As per averments of such report in the aforesaid Vikas Khand, Patera to carry out construction work of the middle school in the year 2004-2005, the budget of 4 lacs was sanctioned and out of such sanctioned budget Rs. 3,93,333/- was alloted and deposited in the account of said Sangh. At the time of carrying out the construction, the present applicant being Head Master of such school was also Secretary of Palak Shikshak Sangh while one Hira Singh was the President of such Palak Shikshak Sangh. As per further averments out of aforesaid alloted amount to carry out the construction, Rs. 3,26,000/- was withdrawn by the present applicant Amrit Lal Ahirwal, the Secretary of the aforesaid Sanstha and when the assessment of carried out work was made by the Sub Engineer, then in such assessment, the carried out work was found to be of Rs.2,28,953/- and in such premises, it was revealed that the applicant as Secretary and aforesaid Hira Singh as President of aforesaid Sanstha misappropriated the sum of Rs.97047/-. It is also stated that the concerning bank account was operated with the joint signatures of the applicant, Secretary and the said Hira Singh, the President of the Sanstha. In such premises, both the persons are liable for misappropriation of money on which the offence of Section 409/420 and 34 of IPC was registered on 9.3.2009 at the aforesaid Police Station, Hata as Crime No. 88/09. In further investigation, the interrogatory statements of the witnesses were recorded. Papers of the concerning record were seized and on completion of the investigation, the ingredients of alleged offence were established against the applicant and the co-accused Hira Singh, on which they were charge sheeted for their prosecution.

(3.) After committing the case to the Sessions Court, on evaluation of the charge sheet, the charges of aforesaid Section 409 was framed against the applicant while the charge of Section 406 was framed against the co-accused. Being aggrieved by such order the applicant, one of the co- accused has come to this court with this revision for quashment of the impugned order as well as the charge framed.