- (1.) THIS application under Section 401 read with Section 482 of the Cr. P. C. registered as C. R. R. No. 1564 of 2003 at the instance of the defacto-complainant is directed against the judgment of acquittal passed by learned special Judge, Dakshin Dinajpur, in Special Case No. 5 of 2002 under Section 409, I. P. C.
(2.) THE prosecution case, in a nutshell, is that O. P. No. 2 - accused being Assistant to Section Officer, Sadar and Gangarampur, an employee of dakshin Dinajpur Zilla Parishad was entrusted by Zilla Parishad to collect Toll tax from trucks at Balupara Truck Terminus under Zilla Parishad. In spite of collection of huge amount as Toll Tax the O. P. No. 2 -accused did not deposit the said amount to the credit of Zilla Parishad and thereby he mis appropriated a sum of Rs. 4,43,437/ -. F. I. R was lodged and charge under Section 409, i. P. C was framed against the accused by the learned Judge, Special Court and learned Judge Special Court by the impugned order acquitted the accused.
(3.) BEING aggrieved by the said judgment of the learned Special Judge the defacto-complainant Zilla Parishad filed the instant application for quashing the order of acquittal.;