VIKHEHO SEMA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) THE petitioner is a Government employee. He is presently serving as a ranger in the Forest Range Office, chumukedima under Divisional Forest Officer, Dimapur Division. The revision petitioner has been charged with misappropriating a sum of Rs. 8,40,666/-, which he had allegedly collected as forest revenue but not deposited in the treasury. It is the prosecution case that the alleged defalcation misappropriation of Government revenue was done during the period 1991 to 1995.

(2.) THE FIR was lodged by the DFO, Phek division on 17-11-2005 with an allegation that the accused had misappropriated a sum of Rs. 10,78,901/-, which was collected by him as forest revenue but the same was not deposited in the treasury, despite repeated reminders. The FIR was registered as Meluri p. S. Case No. 6 of 2005 u/s. 406 of the indian Penal Code. After investigation, the charge-sheet was submitted on 21-7-2006, wherein the amount of alleged misappropriation was shown to be Rs. 8,40,666/ -. On the basis of this charge-sheet, the accused was summoned and formal cognizance of the fir was taken by the learned Additional deputy Commissioner (Judicial), Phek on 28-2-2007. Being aggrieved with this order of cognizance, this revision application has been filed by the accused.

(3.) I have heard Shri N. K. Luikham, learned counsel for the petitioner and Mrs, lucy, learned Public Prosecutor for the State of Nagaland. I have also perused the impugned order and the FIR.