STATE OF ORISSA Vs. GOKULANANDA MOHAPATRA

JUDGEMENT

(1.) This suo motu criminal revision proceeding has been initiated on the basis of the letter dated 20.05.1996 of the learned District Judge, Phulbani addressed to the Registrar (Administration) of this Court wherein it was pointed out during his sessions circuit at Baliguda in the month of April 1996, certain irregularities were found in the impugned judgment and order dated 22.03.1996 passed by the learned S.D.J.M., Balliguda in G.R. Case No.271 of 1988 (T.R. No.907 of 1992) in which the opposite party faced trial for offences punishable under sections 409/477-A of the Indian Penal Code for committing criminal breach of trust by misappropriating the controlled commodities i.e. rice, wheat and sugar worth of Rs.3,85,919.53 paisa by falsifying the account in the concerned registers and files and he was acquitted of all the charges.

(2.) The first information report was lodged by the Secretary, R.C.M.S., Raikia vide letter no.714 dated 011.1988 (Ext.4) before the officer in charge, Balliguda Police Station wherein it is indicated that the opposite party was appointed to act as a salesman in the Raikia R.C.M.S. Ltd. as per order no.278 dated 01.11984 of the secretary, Raikia R.C.M.S. Ltd. The opposite party was transferred vide office letter no.67 dated 27.07.1987 to act as Branch in-charge of Balliguda Branch and accordingly, he took over the charge of the said Branch. The opposite party continued as such till 06.10.1988 when he applied for leave from 07.10.1988 to 10.10.1988 by sending an application by post. On expiry of the leave period, the opposite party did not resume his duty and he was recalled to join his duty after refusal of extension of leave further. Suspecting shortage of Government stock in the storage godowns, the Executive Magistrate as per wireless message dated 11.10.1988 of the Collector, Phulbani sealed the godown. When the petitioner did not resume his duty till 29.10.1988, on the requisition to the Sub-Divisional Officer (Civil), Balliguda, the godowns at Balliguda, Kutikia, Khomankhole and Sindrigaon were broke open in presence of the Executive Magistrate on 29.10.1988. During verification of the godowns, it was found that there was shortage of the controlled rice of Q.877.60.640 worth of Rs.3,37,878.46, wheat of Q.97.01.500 worth of Rs.32,791,07 and sugar of Q.25 worth of Rs.15,250.00 and total value of controlled commodities found shortage came to Rs.3,85,919.53. It is further stated in the first information report that the opposite party while discharging his duty as the Branch in-charge, received Government stock from F.C.I., Phulbani for issuing the same to the retailers as per the orders of the Supply Authorities but with malafide intention, he suppressed the facts of entry of the stocks in the books of account received from F.C.I., Phulbani and caused deficit to the stocks. The godown wise verification reports conducted by the Civil Supplies Authorities were filed along with the first information report.

(3.) On the basis of such first information report, Balliguda P.S. Case No.80 of 1988 was registered on 011.1988 under section 409 of the Indian Penal Code by the officer in charge, Balliguda Police Station who himself took up the investigation of the case.