K N SETH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure. 1973, relates to quashment of impugned order dated 27. 8. 1988 passed by Special Judge, Patiala charge sheet framed by the said Court on 7. 9 1987 and other consequent proceedings taken thereunder.

(2.) IN brief, the facts relevant for the disposal of this petition are that the accused petitioners while working with Panipat Woollen Mills, Kharar, during the year 1983-84 entered into criminal conspiracy and misappropriated stocks of woollen rags coating raw material of 53162 Kgs. valued at Rs. 2,74,847. 50 by misuse of their official position. During physical verification of the stocks of woollen rags coating raw material as on 31. 3. 1984, the accused petitioners in conspiracy with each other gave false remarks on the physical verification report that the raw material of woollen rags coating was found short by 53162 Kgs. namely it was lying in the old godown. Besides shortage to the tune of these stocks of woollen rags coating raw material was misappropriated by the accused petitioners by abusing their official positions as public servants. As such they were prosecuted and challaned under Section 120 B read with Sections 409 I. P C. and 5 (2) read with Section 5 (1) (c) of the Prevention of Corruption Act, 1947, Section 409 I. P. C. and 5 (2) read with Section 5 (1) (C) of the Prevention of Corruption Act, 1947.

(3.) ACCORDING to the defence, the Board of Directors in its meeting held on 27. 12. 1985 came to the conclusion that there had been no misappropriation and the woollen waste had in fact been used by the Mills during the erection as the woollen mills had not purchased any Dhoties for cleaning the machines On behalf of the petitioners, an application was moved under Section 294 of the Code of Criminal Procedure with a view to summon certain documents as detailed on page 5 of the impugned order of the Special Judge, Patiala, dated 27. 8. 198 8 and to call upon the defence to admit or deny those documents. According to the prosecution, it was Astir etc separated from the woollen part weighing 53162 Kgs. which was misappropriated. According to the defence, 'astir' etc. was used in cleaning the mills because due to the modernisation programme, the machines were cleaned. Aggrieved against the said order, the accused petitioners have filed this petition.