(1.) The applicant has preferred the present revision against the order dated 5.5.2009 passed by the learned Additional Judge to First Additional Sessions Judge, Panna in S.T.No.47/2009, whereby the charge of offence punishable under section 409 of IPC was appended against the applicant.
(2.) The prosecution's case, in short, is that, a temple of Baldevji is situated at Panna. Since it was a public temple, its administration is with the collector. The collector had appointed officers to administer the daily activity of pooja and various festivals in the temple. The applicant was also a member of the committee of administration, appointed by the collector. The complaint was moved by other members and citizens, who were visiting the temple that the applicant misappropriated a sum of Rs.23,401/- from the gifts received to the temple from various visitors and the amount given by Tahsildar Panna for a particular purpose. The collector had given a notice to the applicant and a reply was received. The applicant denied allegations made in the complaint. However, after due investigation, a charge-sheet was filed against the applicant.
(3.) I have heard the learned counsel for the parties.