RAJNARAYAN MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These miscellaneous petitions have been filed under Sec. 482 Criminal Procedure Code, against the order dated 1.5.2003 passed by the learned Additional Chief Judicial Magistrate, Dataramgarh, District Sikar whereby accused Shyaln Sunder was acquitted but the Court had directed to take appropriate action against the present petitioners.

(2.) As the controversy is limited, which is not directly connected with the facts of the case, therefore, there is no need to narrate the facts of the case.

(3.) The only contention of the present petitioners is that while acquitting accused Shyam Sunder for the offence under Sec. 409 Indian Penal Code, it has been held by the trial Court that the present petitioners are also guilty of misappropriating the public money. It has also been held by the trial Court that the money has been handed over to Public Prosecutor Rajnarayan vide an authority letter by Shyam Sunder and authority letter was signed by Akshay and hence they both are guilty of misappropriate but before passing adverse order against them, no opportunity of hearing was given to them and reliance has been placed on the judgments delivered in the cases of State of W.B. & Ors. Vs. Babu Chakraborthy, (2004) 12 SCC 201 , Mool Chand Singh Rana Vs. State of Raj., 2005 WLC (Raj.) UC 793 , Kalyan Mal Sharma Vs. The Special Judge & Ors., 2006(3) WLC (Raj.) 325 , Raghuveer Singh & Anr. Vs. State, 2006(1) Cr.L.R. (Raj.) 284 and Pradeep Kumar Vyas Vs. District & Sessions Judge, Jaipur District, Jairpur & Anr., 2009(2) WLC (Raj.) 186.