KRISHAN MOHAN AGRAWAL Vs. STATE OF M P

JUDGEMENT

(1.) The revisional powers of this Court u/S 397 read with Sec 401 of Cr.P.C. are invoked assailing the order of framing of charge dated 04.07.2017 passed by the 1st Additional Sessions Judge, Sironj Distt. Vidisha in S.T. No. 43/2017 against the petitioner u/S 409 and 420 of IPC.

(2.) Learned counsel for the rival parties are heard on the question of admission.

(3.) Learned counsel for the petitioner has raised two fold submissions; (i) The allegations contained in the chargsheet do not disclose presence of essential ingredients to constitute an offence punishable u/S 409 and 420 of IPC (ii) Since petitioner is the owner of the warehouse, the charge u/S 409 of IPC which does not relate to a warehouse keeper cannot be framed against the petitioner. It is further contended that the petitioner however can be charged u/S 407 of IPC.