KUNWAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition has been filed by the petitioners aggrieved by the order dated 16-12-2008 passed by the Judicial Magistrate First Class, Khurai, District Sagar in Criminal Case No. 1728/06 whereby the present petitioners have been added as an accused under Sections 409, 419, 420, 467 and 468 of IPC .

(2.) The brief facts essential to appreciate the case are as follows. Ram Narayan Dubey, is the Manager of the Vipran Sahkari Samiti Maryadit, Khurai and was authorized by the Collector/Food Officer to procure chick peas (Chana) on government approved rate which was Rs. 11,400/- quintal, from the farmers of Tahsil Khurai. There was an allegation against Mr. Ram Narayan Dubey that he indulged in mass scale financial improprieties and manipulation of official records in the procurement of chana and therefore, the Junior Supply Officer Mr. R.P. Gupta, conducted an inquiry on the orders of the District Collector, Sagar in which it was held that Mr. Ram Narayan Dubey, the Manager was responsible for the defalcation and that the loss is to be recovered from Mr. Ram Narayan Dubey and that a First Information Report be registered against him.

(3.) Pursuant to the findings of the Enquiry Officer, an FIR was registered against Mr. Ram Narayan Dubey on 19/05/04. Mr. Ram Narayan Dubey was the sole accused in the FIR. The allegations pertaining to offences under Sections 409, 419, 420, 467 and 468 were levelled against him. Post investigation charge-sheet was filed and after five years from the commencement of the trial, an application was moved by the learned Public Prosecutor under Section 319 read with Section 190 of Cr.P.C seeking the addition of the petitioners herein as accused by praying that the learned trial has invoke its powers under Section 319. The said application was decided by the Ld. Trial Court and the impugned order was passed by which the learned trial Court has held that the then President and Secretary of the Samiti, who are the petitioners herein, be arrayed, as accused in the trial against Ram Narayan Dubey. It further observed in its orders that the prosecution from their side produced a photocopy of the Samiti's letter bearing No. 2184/01 dated 24-07-2001, which relied upon by an order passed by the Supreme Court in SLP No. 1344/96. The letter dated 02-05-1997, directed that in such cases of societies, the President, Secretary are also responsible. Thereafter, it goes on to hold that on the basis of a photocopy of the letter dated 24/07/01 given by the Samiti, relying on the aforesaid order of the Supreme Court, the learned trial Court considers it essential to array the petitioners herein as co-accused to be tried along with Mr. Ram Narayan Dubey.