ABDUS SALAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Quashing of the Charge sheet being no. 1450 of 2012 dtd. 13/12/2012 under Ss. 406/420/120B of the Indian Penal Code (for short IPC) in connection with Berhampore Police Station Case no. 553 of 2012 dtd. 11/5/2012 and all orders including order dtd. 16/12/2014 passed by Ld. Judicial Magistrate, 3rd Court, Berhampore in connection with G.R. Case No. 1846 of 2012, has been sought in this revision application.

(2.) Petitioner herein was the Secretary of the Bhakuri Development Society approved by West Bengal Renewable Energy Development Agency (for short W.B.R.E.D.A.) for construction and commissioning of bio gas plant for the poor people of the locality. The complainant/opposite party no. 2 herein is the president of the same society and the witnesses are the present secretary and member of the said society. In the year 2008 & 2009 W.B.R.E.D.A. issued two cheques being no. 326093 dtd. 10/11/2009 amounting to Rs.6,30,000.00 and another cheque being no. 345817 dtd. 8/9/2010 amounting to Rs.3,15,000.00 for construction of bio gas plant and the accused/petitioner herein allegedly misappropriated the said amount instead of depositing the same to the official account of the society being no. C/A-740 maintained at Bangiya Gramin Bikash Bank.

(3.) The complainant lodged a complaint under Sec. 156(3) of the Code of Criminal Procedure (for short Cr.P.C.) alleging the same to the Chief Judicial Magistrate (for short CJM), Murshidabad who in tern, forwarded the same to Berhampore Police Station and accordingly Berhampore Police Station Case no. 553 of 2012 dtd. 11/5/2012 under Ss. 406/420/120B of the IPC was started against the petitioner. After investigation charge sheet was submitted on 13/12/2012 under Ss. 406/420/120B of the IPC against the petitioner.