MUKARAB KHAN & ANR. Vs. STATE OF RAJ.

JUDGEMENT

(1.) This petition under Sec. 482 Crimial P.C. has been preferred by Mukarab Khan and Ameen. They want me to reconsider earlier order dated 19.1.1998 by which their revision was dismissed.

(2.) So far as Ameen Khan is concerned, learned counsel for the petitioners submitted that he does not press petition on his behalf. For Mukarab Khan he has contended that no case is made out against him and that the trial court has framed charges against him erroneously. He submitted that petitioner Mukarab Khan was not at all involved and has been falsely implicated.

(3.) One Moinuddin reported to Superintendent of Police, Churu on 22.3.1991 that in village Taranagar, Muslim Committee was constituted. It has a constitution. The election of the office bearers takes place next day of the Eid every year. All muslims of the area contribute to the committee which purchases articles to be used during the marriages and also manages the mosques and grave-yards. The committee had an account with Marudhar Gramin Bank wherein Rs. 30,000.00 was deposited. There was a provision in the constitution that the amount could be withdrawn by cheque signed by Treasurer, Secretary and the President. Moinuddin was the Treasurer of the committee. On 12.3.1991 the Secretary Ameen and Mukarab Khan withdrew an amount of Rs. 20,000.00 by making fictitious signature of Moinuddin. This amounted to misappropriation of funds. The matter was checked in the bank on 15.3.1991. No record was given by, the bank. The FIR further mentioned that Mukarab Khan was in habit of indulging in such activities and on previous occasion he had got a piece of land recorded in the name of his brother which actually belonged to the Custodian Department. He was facing trial in that case. After investigation challan was submitted and charges were framed. A revision was preferred against framing of charges and the same was dismissed earlier by me on 19.1.1998.