MUNSHILAL SAHU Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed this petition under Section 482 of Cr.P.C. against the order of framing of charges against him. The petitioner has also challenged the order passed by the Sessions Court in criminal revision by which the revision against the order of framing charges of the petitioner has been dismissed.

(2.) The petitioner was posted as Assistant Soil Conservation Officer Nadi Ghati Project Shahpur, District Hoshangabad vide order dated 14/02/1995. He was relieved from Narmada Ghati Vikas Pradhikaran on 17/04/1995 and joined on 22/04/1995 as Senior Agriculture Extension Officer, Nadi Ghati Yojana, Shahpur, District Hoshangabad. Local MLA made a complaint in regard to irregularities of payment of wages to the workers through muster roll. The allegation against the petitioner is that an amount of Rs. 49,500/- vide muster roll No. 1325 was disbursed in favour of 55 labourers. FIR was lodged in this regard. The petitioner was not named in the FIR however, the trial court framed following charges against the petitioner.

(3.) The trial court observed that the petitioner had committed offence punishable under Section 409/34 of the IPC. In framing of charges, the trial court also observed that after perusal of the charge-sheet and documents there is praima facie evidence to frame charges against the petitioner under Section 409/34 of the IPC. Against the aforesaid order, the petitioner filed a revision petition which was also dismissed.