STATE Vs. AMAR SINGH

JUDGEMENT

(1.) THIS is a petition under Section 561-A of the Code of Criminal Procedure by Shri J. C. Thapar for ex-function of remarks passed against him in cases Nos. 105/2 and 106/2 of 1970 decided on 12-111970 by the Chief Judicial Magistrate while discharging the accused. Amar Singh, who had been challaned under Section 409 of the Indian Penal Code.

(2.) THE petitioner was working as Block Development and Panchavat Officer. Baiinath at the time when these embezzlements are stated to have been committed by Amar Singh accused for which he had been challaned. The brief facts giving rise to the case against Amar Singh are that he was the President of the Gram Panchavat Chuk. Tehsil Palampur. in the years 1961 to 1963. The accused is alleged to have drawn Rs. 300/-for the construction of a Danga from the Block Development and Panchavat Officer (petitioner ). Baiinath, by wav of Government grant; an amount of Rs. 350/-which was collected by Shri Inder Singh member of Gram Panchavat by wav of contribution from the villagers towards the Village Supply Scheme. Chadiar. was received by the accused and an amount of Rs. 20/- out of the amount of House Tax was collected by him for the period 19-12-1961 to 7-8-1962. All these amounts were appropriated by the accused for himself. The accused, therefore, was challaned by the police.

(3.) THE learned Chief Judicial Magistrate, after perusal of the documentary evidence and without recording any evidence in the Court, came to the conclusion that there was no prima facie case against the accused. The matter was of a civil nature, hence he discharged the accused under Section 251-A. (2) Cr. P. C. but made certain derogatory remarks as find mention in para No. 17 of the Judgment against the petitioner, who at the relevant time, as already stated, was working as the Block Development and Panchavat Officer. Baiinath. The relevant portion of para 17 in which derogatory remarks appear and which are sought to be expunged, runs as under: