Arunabha Barua, J. - (1.) This revisional application under Sec. 482 of the Code of Criminal Procedure is for quashment of a proceeding arising out of Case No. 189 of 2000 dated October 19, 2000 under Sec. 409 Indian Penal Code being G.R. Case No. 806/2000 in connection with charge -sheet No. 5/2001 dated January 14, 2001 under Sec. 409 Indian Penal Code which is pending before the learned Judge, First Special Court, Birbhum, Suri, being special Case No. 12/2001.
(2.) One Amulya Kumar Das is the Petitioner here in the instant criminal revision. He is an accused in the case under Sec. 409 Indian Penal Code as mentioned above. He is a permanent Government employee working as a Forest -Ranger and also acting as Ex -Officio Range Manager of West Bengal Forest Development Corporation Ltd. for Birbhum Forest Division. On the complaint of the Divisional Manager, Cashew -Plantation Division, Midnapore, the said P.S. case No. 189/2000 dated October 19, 2000 under Sec. 409 Indian Penal Code was started against him on the basis of the F.I.R. on the said day.
(3.) The prosecution case, briefly stated is this. As Ex -Officio Range Manager for Birbhum Forest Division, the Petitioner was responsible for collection of corporation revenue, arising out of the sale of Corporation produce and deposited the same in the account of the 'Divisional Manager', Cashew -Plantation Division, WBFDC Ltd. at Bank of India, Suri Branch. The Petitioner -accused had not deposited in the bank an amount of Rs. 42,029.00 received as revenue during the month of August, 2000. As such, the accused -Petitioner had defalcated and misappropriated the Corporation revenue to the tune of Rs. 42,029.00 with malafide intention and ulterior motive. However, in pursuance of a letter dated October 17, 2000 from the Divisional Forest Officer, Birbhum Division, Suri, he was allowed to deposit the sum of Rs. 42,029.00 only in cash to the Ex -officio Range Manager, WBFDC Ltd., and the Petitioner -accused did that. He first deposited Rs. 21,029/ -on October 25, 2000, Rs. 11,000.00 on November 23, 2000 and the balance of Rs. 10.000.00 on January 3, 2001 against receipts before the Bank of India, Suri Branch. This had been admitted by the Divisional Forest Officer, Birbhum Division, Suri by a letter dated January 15, 2001. The Investigating Officer on completion of the investigation filed charge -sheet No. 5/2001 dated January 14, 2001. On January 24, 2001 the Investigating Officer had also reported to the S.D.J.M., Suri Birbhum in connection with that case that the accused Amulya Kr. Das deposited the sum of Rs. 42,029.00 on different dates.;