DINA NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 23.7.2001 passed by the Judicial Magistrate, Ist Class, Jehanabad in G.R. No. 1037/98 (Tr. No. 745 of 2001) whereby the prayer made by the petitioner for discharge, has been rejected.

(2.) SHORT facts giving rise to the present application are that on the basis of a report given by the Director, National Employment Scheme, Karpi P.S. Case No. 71/ 98 dated 21.7.1998 was registered under Section 409 of the Indian Penal Code, against the petitioner.

(3.) THE learned Magistrate, referred to the allegation made against the petitioner and observed that according to the prosecution, cement worth Rs. 83,163.75 was purchased for the scheme of Makhmilpur Ware Scheme and was shown as utilised in the above scheme, but the said cement was actually not utilised in that scheme. The learned Magistrate had referred to the statements recorded during the course of investigation and found that there is consistent evidence in the case diary that the cement meant for the scheme was not utilised in the same and the quality of the cement was not good. In view of the fact that petitioner had shown to have utilised the cement in Makhmilpur Ware Scheme but the same was not found to be true, the learned Magistrate held that the offence of criminal breach of trust is made out.