PADAM SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This revision application takes exception to the order dated 11.05.2016 passed in Sessions Trial No. 72/2016 by Second Additional Sessions Judge Morena, whereby the trial court has framed the charges against the present applicant for commission of offence punishable under Sections 420, 468 & 471 of Indian Penal Code (for short 'IPC') and Section 3/7 of the Essential Commodities Act, 1955.

(2.) The facts relevant for deciding the instant application are that on 11.12.2014, an inspection was conducted by the Government officials on the fair price shop allotted in the name of applicant and stock register as well as other relevant documents were seized. During the inquiry, it was revealed that the present applicant had diverted the commodities which were supposed to be supplied to the BPL card holder. In order to commit the offence, the applicant is an accused of fabricating the eligibility slip for dispensing the essential commodities to the ineligible persons whereas, eligible persons have recorded their statements in which they have stated that they had not received any such food grains. Consequently, the respondent has registered an FIR against the applicant and filed charge sheet before the court of competent jurisdiction.

(3.) The trial court vide order dated 11.05.2016, framed the charges against the applicant for the offences indicated above and while doing so, the trial Court has taken note of contention canvassed by the applicant to the framing of charges against him.