CHARAN SINGH SHAKYA Vs. STATE OF M.P.

JUDGEMENT

(1.) BEING aggrieved with the order dated 24.9.2013 passed by the Special Judge (Dacoity), Bhind, in Sessions Trial No. 184/2012 framing charge under Section 409 of IPC, the petitioner has preferred this Criminal Revision under Section 397/401 of Cr.P.C.

(2.) THE brief facts of the case in short are that a report was lodged by complainant Harvilas Visariya that Sub -Divisional Officer, Mehgaon, vide order No.Q/Aa.Ka. 011 dated 8.11.11 suspended the petitioner who was Halka Patwari of village Gaheli, and directed the complainant vide order No.Q/Aa.Ka./12/236/2.3.12 to take charge of aforesaid village. Thereafter, several times suspended Patwari Charan Singh was asked to handover the charge of village Gaheli in compliance of the aforesaid order, but he did not handover the charge. Hence, he has willfully disobeyed the order. On the basis of this report, Crime No. 21/12 was registered under Section 188 of IPC at police Station, Amayan, Distt. Bhind, and investigation was conducted. During investigation, it was found that petitioner is possessing some government documents illegally which were seized from his possession, hence, Section 409 of IPC was also added. After investigation, charge -sheet was filed under Sections 188 and 409 of IPC and vide impugned order, learned Special Judge, framed charge under Section 409 of IPC against the petitioner. Hence, this revision.

(3.) ON the other hand, learned Panel Lawyer has fully supported the impugned order of lower Court and submitted that there is prima -facie evidence available on record for framing the charge under Section 409 of IPC against the petitioner. He further submitted that there is prima - facie evidence available on the record against the petitioner. Despite the transfer order and suspension, petitioner did not hand over the charge to his successor and he intentionally disobeyed the order of S.D.O. Hence he prayed for dismissal of the petition.