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Judgment
Savitri Ratho, J
CRLREV No. 118 of 2024 & I.A. No. 376 of 2024
This revision has been filed by the petitioner challenging the order dated 01.12.2023 passed in G.R. Case No. 88 of 2000 by the learned S.D.J.M., Berhampur rejecting the application of the petitioner filed under Section 239 of Cr.P.C. for discharging him from the offences under Section 409/34 of IPC.
Mr. S.S. Rao, learned Senior Counsel for the petitioner submits that while the petitioner was working as principal of Khallikote College, he had lodged the FIR leading to Registration of Berhampur Town P.S. Case No. 12 of 2000 against the co-accused Bhobani Behera, the head clerk of the college who had allegedly misappropriated government money amounting to Rs.4,30,035.65 paisa which was detected during audit. He has also mentioned in the FIR that Bhobani Behera has also misappropriated Rs.2,00,900/- without making payment to M/s. Mahapatra Enterprises, Berhampur. During investigation the police found the prima facie case against the present petitioner, co-accused Bhabani Behera and P.C. Mohapatra (reader in math) but since Mr. P.C. Mohapatra purportedly has expired, charge sheet was submitted against the present petitioner and co-accused Bhabani Behera.
Mr. Rao, learned Senior Counsel submits that there is no allegation of misappropriation against the petitioner and in the departmental proceeding it has been found that he has neglected due discharge of his duties to supervise financial wing of Khallikote College and that since he was not directly involved in any type of misappropriation except proper supervision, he may be censure for negligence in supervision of work.
Issue notice to the opp. party in the main case and in the interlocutory application. Notice on behalf of the opp. party is accepted by Ms. S. Mishra, learned Addl. Standing Counsel for the State.
List this case on 25.06.2024 to enable Ms. Mishra, learned Addl. Standing Counsel to obtain the case diary and instructions.
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