JAGDISH CHANDRA SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER :- Heard the learned counsel for the petitioner and the learned Public Prosecutor.

(2.) This petition under Section 482 Cr. P.C. is directed against the order dated 18th September, 1990 passed by the learned Munsif and Judicial Magistrate, 1st Class, Anoopgarh in Criminal Case No. 88/85 State v. Jagdish Chandra Soni, whereby the learned Munsif and Judicial Magistrate, Anoopgarh directed the framing of the charge against the accused petitioner under Section 409 IPC.

(3.) I have carefully gone through the order dated 13th September, 1990 passed by the learned Munsif and Judicial Magistrate, Anoopgarh and perused the record of the lower Court. It appears that on 6th August, 1983 the Executive Engineer, Irrigation Department, Anoopgarh Division II, Rajasthan Canal Project, Gharsana sent a written first information report to the Station House Officer of the Police Station, Gharsana. According to the aforesaid first information report, the construction of lining in the Khala pertaining to Chak 13 GD was given to Krishna Kumar, Thekedar vide work order No. 29/1981-82. Shri Jagdish Chandra Soni, the Junior Engineer was directed to look after the work of construction. Vide order No. 2508 dated 13th July, 1983 Shri Babu Lal Khatri, Assistant Engineer, Gharsana was directed to conduct an inquiry about the quality of cement use for the construction of lining. The inquiry report was submitted by Shri Jagdish Chandra Soni on 12th July, 1983 and according to that inquiry report, 100 bags of cement were misappropriated or sold illegally. In the first information report, it was also mentioned that according to the inquiry report vide carry slip No. 570 dated 12-7-1983 100 bags of cement were issued from the store to Shri Jagdish Chandra Soni and they were carried in a tractor and those 100 bags were taken to Nai Mandi, Gharsana in a factory. In short, the allegation is that 100 bags of cement were taken by the accused Jagdish Chandra Soni and in place of utilising those 100 bags of cement for the construction of lining of the Khala, they were taken to a factory in Nai Mandi, Gharsana and in this manner 100 bags of cement were mis-appropriated by Shri Jagdish Chandra Soni. On the basis of the first information report sent by the Executive Engineer, Irrigation Department, the police registered a case u/S. 409 IPC. After investigation, the police submitted a final report stating therein that no offence u/S. 409 IPC was made out.