RAJBHAN PATEL Vs. STATE OF M P

JUDGEMENT

(1.) The applicant-accused has filed this criminal revision under section 397 read with section 401 of the Code of Criminal Procedure being aggrieved by the impugned judgment dated 27.1.2015 passed by Addl. Sessions Judge, District Sidhi, in Sessions Trial No.277/2013 whereby charges under sections 420, 467, 468 and 471 read with 120-B of the I.P.C. have been framed against the applicant/accused.

(2.) In brief, the relevant facts of the case are that during the period of April, 2010 to April, 2012, the applicant was posted as Clerk in the Office of M.P. Electricity Board, Sidhi. He made criminal conspiracy with other co-accused Jwala Prasad, who was also posted in the office as a Helper of him and Ravi Sankar Tiwari, who is close relative of co-accused Jwala Prasad, to prepare forged and fictitious documents with the intention to withdraw PF amount from the account of other employees of the M.P. Electricity Board. Thereafter, they succeeded in withdrawing huge amount of Rs. 11,14,200/- by transferring the aforesaid fund in the account of co-accused Jwala Prasad and Ravi Sankar Tiwari. It is also alleged that during the period, it was the duty of the applicant to receive and process the applications for withdrawal of the PF amount. In this regard, after inquiry, Shri Imran Khan, Executive Engineer, MPEB lodged FIR at Police Station Kotwali, District Sidhi and crime no.25/13 for offence under sections 420, 467, 468 and 471 of I.P.C. was registered against the applicant and other co-accused persons. After investigation, charge-sheet was filed against the applicant and other aforesaid co-accused persons. By the impugned order charges under the aforesaid sections have been framed against them. The legality and validity of the impugned order has been challenged in this revision.

(3.) Learned counsel for the applicant submitted that the impugned order is illegal, arbitrary and contrary to law. In the chargesheet, there is no material to frame any charge of the alleged offence.