PREMCHAND GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) WITH the consent of both the parties, the matter is being finally heard.

(2.) THIS petition has been preferred by the petitioner invoking extra ordinary jurisdiction of this Court under section 482 of Code of Criminal Procedure for setting side the order dated 16.08.2011 passed by III Additional Sessions Judge, Guna in Cr. Revision No. 177 of 2011 confirming the order dated 27.07.2011 passed by the court of Judicial Magistrate First Class, Guna in Cr. Case No. 3824 of 2006, whereby, charge under Section 379 of IPC was framed against the petitioner.

(3.) LEARNED counsel for the petitioner submits that the petitioner has been falsely implicated in this case. The said sacks of cement were got loaded by Store Keeper, Ram Bharose, from the store pertaining to Sanjay Sagar Dam, Irrigation department for sending it to the S.D.O. Mahendra Singh as per his letter dated 3.7.1986 and receipt was obtained by him from the driver of the truck. Further in the statements of the witnesses, it has not come on record that the said cement was taken away by the petitioner/accused by committing theft. Learned counsel further contends that the seized property belongs to Irrigation Department. No report was lodged by any officer of the Irrigation Department to the effect that 50 sacks of cement were stolen from the Sanjay Sagar Dam. Counsel further pleads that as per the direction of the Asstt. Engineer vide letter dated 4.7.86, the petitioner/accused was going in the truck for delivering a single drum sheep foot roller to Nankhedi, situated at PHE Guna. Therefore, the petitioner/accused has no concern with the seized sacks of cement as the said property was neither received by the petitioner/accused from the store nor was it being carried away on his direction.