AMRESHWAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the learned senior counsel for the petitioner and the learned counsel for the State.

(2.) THE petitioner is aggrieved by the order dated 1.9.2012 passed by the learned Sub Divisional Judicial Magistrate, Ranchi, in G.R Case No. 3287 of 2006, whereby, the application filed by the petitioner for discharge under Section 239 of the Cr.P.C., has been dismissed by the learned Court below, holding that after investigation, the police had submitted the charge -sheet and cognizance was taken against the petitioner for the offences under Sections 418, 420, 467, 468, 471 and 201 of the Indian Penal Code, in view of the allegation against the petitioner that without any approval from the Government, he had kept 13 persons in the college on daily wages basis and permitted them to continue till the regular appointments are made and also misappropriated the Government money to the tune of Rs.50,00,000/ -(rupees fifty lakhs). It is stated in the impugned order that though the petitioner had filed certain documents with the petition, but those documents could not be taken into consideration at this stage, as the evaluation of the evidence could be done only after trial. The Court below accordingly, dismissed the application filed by the petitioner and the case was fixed for framing of charge.

(3.) ON the basis of the said letter dated 25.9.2006, the FIR was lodged against the petitioner for the alleged offences under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code. It also appears that after investigation, the police submitted the charge -sheet against the petitioner and cognizance was taken as aforesaid by the learned Chief Judicial Magistrate, Ranchi, and the case was sent to the Court of learned SDJM, Ranchi, for further proceedings, where the petitioner filed the application under Section 239 of the Cr.P.C., for discharge, which was rejected by the learned Court below by the impugned order.