GOPAL VERMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under section 482 of the Code of Criminal Procedure, 1973 (the Code) is directed against the order dated 7.9.1992 passed by the learned Additional Special Judge-cum-Additional Sessions Judge, Ajmer in criminal case no. 115/92. The brief facts are as under:-

(2.) The petitioner had been employed with the Mayo College, Ajmer and a departmental enquiry was being conducted against him. The enquiry file was found missing from the office of the Estate Officer and the petitioner was suspected to have stolen the same. On the report of the Estate Officer, case FIR No. 25/86 was registered in Police Station Alwar Gate, Ajmer. After the investigation of the case, a challan was submitted against the petitioner in the court of the learned Judicial Magistrate No. 2, Ajmer with the allegations that the enquiry file had been stolen by the petitioner, who had got the same recovered during the course of investigation. The petitioner pleaded not guilty to the charge and was tried by the learned Judicial Magistrate No. 2, Ajmer, who convicted him under section 380 of the Indian Penal Code (Indian Penal Code) and sentenced him to undergo simple imprisonment for a period of two years and to pay a fine of Rs. 200.00 and, in default of payment of fine, to undergo simple imprisonment for a further period of three months vide the judgment dated 11.6.1991 passed in criminal case No. 1956/86. The appeal filed by the petitioner was heard by the learned Additional Special Judge-cum-Additional Sessions Judge, Ajmer, who, vide the impugned order, observed that the statement of the Investigating Officer of the case was necessary for the just decision of the case and the learned trial court ought to have examined him under section 311 of the Code and it having not been done he should be summoned as a witness under section 391 of the Code to be examined by the learned Appellate Court itself. Feeling aggrieved, the petitioner has Approached this court by filing this petition.

(3.) I have heard the learned counsel for the parties and have also perused the record of the case.