BHABANI SHANKAR CHOUDHURY Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner in the present revision is an accused in GR case No. 330 of 1995 of the Court of learned Chief Judicial Magistrate, Sundargarh charged for the offence under sec. 408 of IPC. The said case corresponds to Hemgir P.S. Case No. 32 of 1995. In the present revision, he has challenged the order dtd. 1/9/2004 passed by learned trial court in framing charge under sec. 408 of IPC against him.

(2.) The prosecution case, in brief, is that a complaint was lodged before the Hemgir Police Station by one Manoranjan Sahu, BDO of Hemgir Block alleging that the petitioner, who was the president of Large-sized Multipurpose Cooperative Society (LAMPCS) of Gopalpur, misappropriated Government money to the tune of 2 lakhs meant for IRDP beneficiaries along with one Khyama Sagar Singh, the Ex-Managing Director of the said Society. Investigation was thereafter conducted into the allegations and upon completion of the same, charge-sheet was submitted against the petitioner and the said Khyama Sagar Singh under Sec. 408 of IPC. The Court below after examining the allegations and the materials placed by the prosecution including statement of the witnesses examined by the investigating officer, held that there is ground for presuming that the accused persons have committed the offence under sec. 408 of IPC and accordingly framed charge under the aforementioned Sec. against them.

(3.) Heard Sri H.K. Mund, learned counsel for the petitioner and Sri S.K. Mishra, learned Additional Standing Counsel for the State.