- (1.)Leave granted.
(2.)A charge-sheet was laid before the Judicial Magistrate, 1st Class, Jehanabad for an offence arising under Sec. 409 of Penal Code on the allegation that certain quantity of cement valued at Rs. 83,167.75 was purchased and the same was not used for Makhmilpur Were Project scheme but was used for another scheme and the expenditure was shown wrongly under the scheme in question. That was the gist of the charge sheet by terming it as temporary misappropriation. If that was so, the respondent ought to have applied its mind considering whether the sanction should be granted or not. Learned Magistrate should not have taken cognizance of the matter without due sanction. The charge-sheet itself discloses that the cement in question had been utilised in a different scheme which was also a government scheme; though it was without sanction.
(3.)In that view of the matter we allow this appeal, set aside the order of the High Court and that of the Magistrate and quash the proceedings. However, it is open to the respondent to proceed further in accordance with law.