RAMGOPAL SWARNKAR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This revision petition has been filed against the order dated 11.01.2016 [Annexure-P-2] passed in Special Case No.04/2015. By the aforesaid order, the trial Court rejected the application of the petitioner for discharge.

(2.) On 15th and 16th January, 2013 the respondent-CBI officials along with the Officers of Western Coalfields limited [Vigilance Department] inspected Shivpuri open cast mine, Pench Area District Chhindwara. In surprise check in the books, the total quantity of coal was recorded as 70895.010 metric tonne. However, on physical inspection, it was found that only 58511.93 metric tonne coal was available hence, there was a shortage of coal of 12383.08 metric tonne. Thereafter, the investigating Agency on investigation found that the petitioner and other accused persons had misappropriated an amount of Rs.1,31,26,064,80.00 and the coal which was said to be short was misappropriated. After detail investigation, the respondent-CBI filed the charge-sheet against the petitioner. A permission of competent authority was also obtained to prosecute the petitioner. The trial Court framed the charges.

(3.) The petitioner filed an application for discharge which was rejected by the trial Court. In the present revision petition, the petitioner has made ground that he was not at all responsible for misappropriation of Rs.1,31,26,064,80.00