RAJNIKANT RAKESH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE accused of Gogri P. S. Case No. 265 of 2004, G. R. 1265 of 2004, through this application has prayed for the quashing of the order dated 26-12-2006 passed by the learned Presiding Judge, Fast track Court No. IV, Khagaria, in Criminal revision No. 77 of 2006, whereby while allowing the revision, he has set aside the order dated 11 -8-2006 passed by the learned sub-Divisional Judicial Magistrate, khagaria, in the aforesaid Gogri P. S. Case whereby the learned Magistrate had rejected the prayer of the informant to amend the amount in the format of charge and to mark exhibit list of account holders.

(2.) THE informant, one Narendra Kumar singh, impleaded herein as O. P. No. 2, submitted a written report on 6-10-2004 inter alia alleging therein that he was working since 7-4-2002 on the post of Senior manager, Sahara India at Khagaria and Branch office of Gogri Jamalpur, was under the jurisdiction of his Branch. It is said that petitioner-Rajnikant Prasad, was posted as cashier at the said Branch office in between 2-8-2002 to 25-9-2004. It is further alleged that after the internal audit of the institution it came to light that there was reported embezzlement of huge amount to the tune of Rs. 5,24,610/- and some irregularities were found in the payment to the depositors. It was also stated that on the basis of collected evidence in future, details would be submitted.

(3.) ON the basis of the said written report police registered the aforesaid case under ss. 409 and 420, I. P. C.