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Judgment
Rakesh Ranjan Prasad, J.—Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. It is the case of the prosecution that one Md. Shamim Ansari filed a case before this Court for giving direction to the authority to promote him from the post of Dalpati to Panchayat Sewak. In that case, certain documents were asked to be produced. Upon it, this petitioner was asked by his superior to produce the documents i.e. promotion list relating to Panchayat Sewak and Seniority list relating to Dalpati within a week.
Since, the petitioner failed to produce those documents, a case was registered as Dumka (Nagar) P.S. Case No. 252 of 2009 under Sections 379/204/477A of the Indian Penal Code. After investigation, the charge-sheet was submitted. Upon which cognizance of the punishable under Sections 379/204/477A of the Indian Penal Code was taken against the petitioner, which order is under challenge.
Mr. R.S. Mazumdar, learned senior counsel appearing for the petitioner submits that the petitioner had been posted in the Office of District Panchayat Raj, Jasidih from 1990 to 2002 but the petitioner was never having custody of those documents and as such, any prosecution, on the allegation that it is the petitioner, who got those documents missing, are unwarranted.
However, learned counsel appearing for the State submits that during investigation, it has come that it was the petitioner, in whose custody, charge of those documents were there and while he was transferred to other place, those documents were never given by this petitioner to his successor.
Keeping in view the facts and circum-stances stated above, the court seems to have rightly framed charge u/s 379 of the Indian Penal Code.
So far framing of charge under Sections 204 and 477A of the Indian Penal Code is concerned, there has been absolutely no allegation to make out those offences.
Accordingly, that part of the order where charges has been framed under Sections 204 and 477A of the Indian Penal Code is concerned, that is set aside. Accordingly, this application stands allowed but in part.