ASHOK KUMAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Ashok Kumar Behera who is a Stipendiary Engineer has filed this application under section 482 of the Code of Criminal Procedure to quash the impugned order dated 10.12.2007 passed by the learned Chief Judicial Magistrate, Sundargarh in G.R. Case No.201 of 2000 in allowing the application under section 319 of Cr.P.C. filed by the prosecution and thereby adding the petitioner as an accused in the case and directing for issuance of summons against him. The said case arises out of Lephripada P.S. Case No.30 of 2000 in which charge sheet has been submitted under section 409 of the Indian Penal Code against one Durga Charan Choudhury.

(2.) On 18.04.2000 on the basis of the First Information Report submitted by Gayaprasad Satpathy, Additional Block Development Officer, Lephripada Block before the Officer in charge, Lephripada Police Station, Lephripada P.S. Case No. 30 of 2000 was registered under section 409 of the Indian Penal Code wherein it is alleged that as per the special audit report no. 14/1999-2000 communicated in Government letter no.14840 dated 17.11.1999, a sum of Rs.4,70,397/- was outstanding as advance against accused Durga Charan Choudhury, Ex-Fishery Extension Officer of Lephripada Block. As per instruction of Additional Secretary to Government P.R. Department communicated in letter no.56/P.R. dated 03.01.2000, accused Shri D.C. Choudhury was issued with one month's notice to recoup the outstanding advance vide office letter no.207 dated 19.01.2000 but he failed to recoup the outstanding advance to the tune of Rs.4,70,397/-. The Officer in charge himself took up investigation of the case and on completion of investigation, finding prima facie case against accused Durga Charan Choudhury under section 409 of the Indian Penal Code submitted charge sheet on 03.01.2006.

(3.) During course of trial of accused Durga Charan Choudhury before the learned Chief Judicial Magistrate, Sundargarh, the prosecution examined six witnesses and then an application under section 319 of Cr.P.C. was filed by the prosecution to proceed against the petitioner and other co- accused persons under section 409 of the Indian Penal Code which was allowed vide impugned order dated 10.12.2007.