- (1.) This revision has been preferred against the order dated 24.08.2009 passed by the Judicial Magistrate, Najibabad, district Bijnor in Criminal Case No. 2980 of 2007 State vs. Smt Fatma Begum, under sections 420, 467, 468, 471, 409 IPC, PS Najibabad, district Bijnor, by which the learned Judicial Magistrate rejected the discharge application filed by the revisionist.
(2.) Brief facts of the case are that an application under section 156(3) Cr.P.C. was filed by the opposite party No. 2 alleging that Atiqur Rahman is the Deputy Manager of Najibuddaula Girls Inter College, Najibabad. This school runs classes from 1 to 10 and distributed scholarship to the minority girl students. An amount of Rs. 2,73,360/- was transferred to the account of the school on 16.01.1998 in Vidur Gramin Bank, Branch Najibabad. This account was being operated by the Principal and the cash book was also prepared by the Principal. The accused have shown the entry of the aforesaid amount on 01.03.1999. On that time, the accused-revisionist was the Principal of the school. The accused instead of distributing the scholarship of Rs. 28,800/- to the students misappropriated the same to her own use. She issued cheque No. 272506 for Rs. 10,368/- in the name of Zubaida, another cheque No. 272507 for Rs. 9,936/- in the name of Zubaida Parveen and third cheque bearing No. 272512 for a amount of Rs. 8,496/- in the name of Khalda Parveen. On 12.11.1999 this amount has been withdrawn from the Bank account. The cheques, which have been issued were encashed during the period the Principal was under suspension. She has verified the signatures of the person withdrawing the cheque amount on 23.12.1999. On 20.12.1999, the accused was suspended from her post. The accused instead of distributing Rs. 28,800/- to the class 1 to 3 students of minority castes misappropriated the amount to her own use. The matter was complained by Smt Zareen Akhtar, Assistant Teacher to Smt Mamur Khanam, Assistant Principal. Thus, an application was filed under section 156(3) Cr.P.C. , whereby it was ordered that the case be registered and investigation began. After investigation, the police submitted charge sheet against the accused-revisionist. The accused revisionist moved a discharge application before the trial court and vide order dated 24.08.2009, the learned lower court found that there is no evidence against the accused under sections 467, 468, 471 IPC, but since there was evidence against the accused under sections 420, 409 IPC, hence charges were ordered to be framed.
(3.) Feeling aggrieved the accused-revisionist has come up in revision.;