AJOY KUMAR ROY Vs. G.M. WADWANI

JUDGEMENT

(1.) THIS is a Criminal reference made by the learned Sessions Judge, Tripura, in Criminal Motion No. 6 of 1964 with a recommendation for quashing the charge as framed under Section 406 I. P. C. in C. R, Case No. 379 of 1963, by the Magistrate First Class, Sadar.

(2.) THE facts leading up to this reference are as follows:

(3.) THE learned Government Advocate while opposing the reference vehemently averred that by the testimony of prosecution witnesses it was overwhelmingly proved that the materials and other articles mentioned in the complaint were Issued to the petitioner to facilitate the work and he, while having dominion over the same, dishonestly mis -appropriated and thereby committed an offence punishable under Section 406 I. P. C. In view of these facts the Magistrate was satisfied and he framed the charge. In the present circumstances, the learned Sessions Judge was not justified to make the recommendations for quashing the charge.