MUKHTAR AHMAD WANI Vs. STATE OF J&K

JUDGEMENT

(1.) I propose to dispose of these two petitions filed under section 561 -A Cr.P.C., asking for the quashment of the directions passed by learned trial Magistrate (CJM Sopore) at the close of the judgment, while recording acquittal of the accused in both the cases.

(2.) THE story in both the cases is that in case on FIR No. 94 of 1987 P/S Sopore under Section 409 RPC titled State Versus Sonaullah Bhat, an employee of the JKHPMC, Pack House Sopore, said Sonaullah Bhat lodged a report that he was entrusted with the stores consisting of fungicides and pesticides. His lodged and reported to his officer that theft has occurred in the stores. His immediate officer conducted some enquiry and came to the conclusion that no theft has infact occurred, but the accused Sonaullah Bhat has mis -appropriated the stores himself. On physical verification of the stocks, it was found that some items mentioned in the FIR were missing, resulting in loss of the Department to the tune of Rs. 77,126/ -. It was further revealed that the accused has dumped back some missing stores having the value of Rs. 13,500/ - etc, and it was on this count that a case was registered and challan was produced against accused under Section 409 RPC. Accused was charged on 21 -01 -1988, but accused pleaded not guilty. He was put to trial.

(3.) IN case on FIR No. 151 of 1986 P/S Sopore, State versus Mukhtar Ahmad Wani, the facts of the case were that on 06 -05 -1986, the complainant lodged a written report in police station Sopore to the effect that on 5 -5 -1986, the accused Mukhtar Ahmad Wani informed him through telephone that lock of store room has been broken by somebody. Upon receiving this information, the complainant went on spot and made enquires from other employees who informed him that accused is himself responsible for breaking of locks and actually accused has himself mis -appropriated the goods to the tune of Rs. 31,229.50. Upon this report, case was registered and the accused interrogated and on interrogation, a case under section 409 read with Section 201 RPC was made out. Accused was challened and he was charged on 03 -10 -1987. He pleaded not guilty to the charges. He was also an employee of JKHPMC, Nowpora Project Sopore.