ABHAYA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 20 -5 -80 passed by the Addl. Sessions Judge No. 2, Alwar.

(2.) BRIEFLY stated the facts of the case are that a case against the accused petitioner was registered Under Section 420, 409, 467, 468 and 471 IPC on the basis of the report lodged by one Shri Chajju Singh. In this report it has been alleged that in a Family Planning Camp organised at Tijara, the accused petitioner mis -appropriated Rs. 10/ -. The payment shown by the accused petitioner in favour of Vimla Devi, Ramkali, Kamla Devi and Ganga Devi is false and fabricated. Actually no payment has ever been made to these ladies. After receipt of the report the investigation was conducted and accused petitioner was found guilty under the said sections of the IPC by the Investigation Officer. A challan was filed against the accused petitioner in the court of Additional Munsif Magistrate No. 1, Alwar who by the order dated 23 -6 -1977 discharged the accused petitioner holding that no charge can be framed against the accused petitioner on the basis of the report submitted by the Investigating Officer Under Section 173 Cr. PC.

(3.) HEARD learned Counsel for the parties and perused the record.