HARI SWARUP, J. - (1.) THIS is a revi­sion against the order of the IInd Addi­tional Sessions Judge rejecting the ap­plication made by the applicant for his discharge under Section 227 of the Code of Criminal Procedure.
(2.) THE applicant alongwith four others was put up for trial. The applicant moved an application that he was en­titled to be discharged under Section 227, Cr.P.C. The learned Additional Sessions Judge has held that he is not so entitled and has framed the charges against all the accused. In the memorandum of revision it is mentioned that the revision is against the order dated November 5, 1979 re­fusing the application under Section 227 Cr.P.C. and framing charges under Sec­tions 120-B, 409, 468, 471 and 477-A I.P. C. But only the order dated November 5, 1979 by which the application for dis­charge was rejected has been filed. The copy of the charges framed in the case has not been filed. Learned counsel for the applicant stated that he will, if necessary, challenge that part separate­ly and that this revision may be kept confined to the order refusing to discharge the applicant. I accordingly proceed to consider whether the order under Section 227 Cr.P.C. refusing to discharge the applicant is valid or not.
(3.) IN short, the prosecution case is that certain quantities of Skimmed Milk Powder was allotted by the Government of India through the Indian Dairy Cor­poration, Baroda to the Lucknow Produ­cers Co-operative Milk Union Ltd. (hereinafter referred to as the Co-ope­rative Society). The Co-operative So­ciety took delivery of the goods. Subsequently it was reported that the goods were deteriorating and needed immediate disposal and removal. Thereafter they were sold to a fake company Vijay Trading Corporation of Delhi. It was on this basis that the accused were sought to be tried for the offences un­der Sections 120-B, 409, 465, 468, 471-A I P.C. All the five accused are the em­ployees of the Co-operative Society. B. S. Chauhan is the Secretary, K.M. Srivastava, the Store Purchase Officer, Satish Chandra, Head Clerk, M.C. Misra the present applicant, Store Keeper and Ranjit Singh since deceased, Power Stock Incharge. The case of the present applicant was that there was no evidence connecting him with the of­fence.;