BHAGIRATHI MISHRA AND OTHERS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Bhagirathi Mishra along with one Kulaman Rath faced trial in the Court of learned Additional Chief Judicial Magistrate (Special Cuttack in G.R. Case No. 1650 of 1984 for offences punishable under Section 408 477-A/120-B of the Indian Penal Code.

(2.) It is the prosecution case that the petitioner Bhagirathi Mishra was the Clerk and co-accused Kulamani Rath (acquitted) was the Headmaster of Orissa Police High School, Tulasipur, Cuttack during the year 1981 to 1984. The informant Sasibhusan Swain (P.W.27) who was the Headmaster in charge of that school from May 1984 to December 1986 found that Teachers Provident Fund (hereafter T.P.F.') subscription were not deposited in T.P.F. pass books though subscription amount relating to the teachers were withdrawn from the bank by the accused persons. An audit was conducted as per the direction of the Managing Committee and the auditor submitted his audit report to the Managing Committee and accordingly, the Managing Committee directed the informant to lodge the first information report regarding the defalcation of money by the accused persons.

(3.) The defence plea of the petitioner was one of denial.