BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a revision under Section 401 Cr.P.C. against the order dated 7.1.2000 passed by Judicial Magistrate Ist Class, Jagraon vide which petitioner has been summoned to face trial in an offence under Section 406/408/409/420 IPC.

(2.) THE case of the prosecution is that petitioner and Surinder Pal were working as Branch Officer and Field Officer and were posted in Rampura Phul Branch of Punjab State Cooperative Supply and Marketing Federation Limited (hereinafter referred to as the MARKFED). The said officers were assigned the duty of procurement and storage of wheat crop for the year 1996-97. During this period MARKFED purchased 2,13,865 bags of wheat weighing 203171.17 qtls of wheat and same was entrusted to them. The wheat was misappropriated by them and a loss of Rs. 75 lacs was caused to MARKFED. A complain was made by the District Manager, MARKFED, Ludhiana against the petitioner and Surinder Pal to the Senior Superintendent of Police for breach of trust and on the basis of that complaint, FIR No. 48 dated 26.6.1998 was registered in Police Station, Raikot. The investigation was conducted by D.S.P. Raikot and petitioner was found innocent. The D.S.P. has presented challen in the Court against Surinder Pal Singh only. On 7.1.2000, during the proceedings before the Judicial Magistrate Ist Class, Jagraon, statement of Mohan Lal, the District Manager, Ludhiana was recorded and after perusing the statement of said Mohan Lal, the Judicial Magistrate summoned the petitioner vide order of even date. Aggrieved by which, the present revision has been filed.

(3.) AFTER hearing learned counsel for the petitioner and perusing the record, I am of the considered opinion that there is no illegality or irregularity in the impugned order.