STATE OF M.P. Vs. NEERAJ

JUDGEMENT

(1.) This application for leave to appeal has been filed under Section 378 (3) of Code of Criminal Procedure being aggrieved by the judgment dt.24.01.2019 passed by the Third Additional Sessions Judge, Vidisha in Sessions Case No.208/2017, whereby learned Sessions Judge has acquitted the respondents of charges under Section 409 of IPC.

(2.) Brief facts leading to the present case are that a complaint was lodged against five persons including the present respondents in regard to criminal breach of trust in transportation of transformer from Chief Medical and Health Officer (CMHO) Vidisha to Directorate of Health Services Bhopal in April 2001. It is prosecution case that a 7.5 KV generator was lying in the godown of CMHO since 1997 when a requisition was sent by the Directorate of Health Services in April 2001 requisitioning such generator from Vidisha. Copy of such communication dt.07.04.2001 (Ex.P/5) is on record. Said communication was marked by the Chief Medical and Health Officer to the Store Keeper, namely ; Avinash S/o late Rambabu Gautam. Chief Medical and Health Officer at the relevant point of time was Dr.Dinesh Kaushal S/o Shivcharandas Kaushal but both these persons namely Chief Medical and Health Officer and Avinash, who was the Store Keeper have been exonerated, inasmuch as High Court of M.P. Bench at Gwalior vide its order dt.29.08.2012 passed in M.Cr.C. No.5233/2012 had quashed the proceedings qua the Civil Surgeon/ Chief Medical and Health Officer and thereafter vide order dt.20.11.2012 proceedings against the Store Keeper Avinash were quahsed in M.Cr.C.No.8003/2012. Another accused Bangali Babu @ B.V.Jain died during trial.

(3.) Learned counsel for the State submits that trial court has wrongly mentioned in para 13 of its judgment that there is no record to show that as to which Store Keeper had received the said generator set in the godown of the District Hospital in the year 1997-98 and after transfer/retirement of such Store Keeper how said generator set was passed on in charge from one person to another. It has categorically recorded a finding that though there is a mention of generator set being received in the year 1997-98 by the office of Chief Medical and Health Officer but there is no investigation as to in whose charge it was subsequently given.