SURESH KUMAR DUBEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision under Section 397/401 of Cr. P.C. has been filed against the orders dated 20.06.2012 and 04.07.2012, passed in Sessions Trial No. 51/2011, by the learned First Additional Sessions Judge, Damoh, by which the learned trial Court framed charges punishable under Sections 409 and 420 of IPC against the applicant.

(2.) BRIEF facts of the case are that the applicant (hereinafter referred to as 'accused') was posted as Lead Manager of Seva Sahkari Samiti Maryadit Pathariya from 01.04.2008 to 31.03.2009 and during this period he was supplied 2579.18 Quintal of MDM food articles under Madhyan Bhojan Yojna for supplying the same to Link Samitis i.e. Pathariya, Sukha, Sarkhedi, Pipariya Champat, Khejrakala and Rajalwari but on verification of the stock register of Link Samitis, following short supply were found: -

(3.) LEARNED counsel submits that the learned Court below failed to notice that the role of the Society is alike the post office, which only takes food articles and transport them so as to reach to the link societies. The accused has nothing to do with the stock being kept and maintained by the link societies. Even then the total of food articles lifted by the lead society is tallied by the food articles delivered to the respective link societies. Responsibility on failure of Manager of the particular link society cannot be fastened on the accused. It is also submitted by the learned counsel for the accused that Enquiry Officer Shri Rajendra Sharma filed a report that there is no defalcation at any level.