SHAILENDRA KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) The petitioner is aggrieved by the order dated 24.11.2004, passed by the learned S.D.J.M, Koderma, in Jai Nagar P.S Case No.70 of 2001, corresponding to G.R. 449 of 2001 / T.R. No.446 of 2004, whereby the application filed by the petitioner for discharge has been rejected by the Court below and the petitioner has been directed to appear in the Court for framing of the charge.

(3.) It appears from the record that the petitioner was working as Nazir, in Jai Nagar Block Office and there is allegation against the petitioner to have misappropriated the amount of the beneficiaries under the Indra Awash Yojna. The petitioner had admitted before some public representatives in writing that he had kept some money of some persons and he agreed to return the money, and on the basis of the said document, the police case was instituted and investigation was taken up. It appears that after investigation, the police has submitted the charge-sheet against the petitioner for the offences under Sections 408, 409 and 420 of the IPC. The petitioner thereafter filed his application for discharge, which was rejected by the Court below by the impugned order.