Deo Narayan Thanvi, J. - (1.) Having perused the order of learned revisional court as well as the learned trial court taking cognizance, it appears that both the courts have came to the conclusion that offence under section 409 for misappropriation of the amount of Rs. 1,61,317/- has been made by the petitioner as there was no account with regard to the wheat measuring 244.42 quintal, out of the total wheat issued to the petitioner which was 6642.74 quintal.
(2.) From perusal of the final report, it appears that this difference amount has been deposited by the petitioner soon when she came to know in the office of Tehsildar (Relief), Rajgarh. The Tehsildar vide its letter dated 29.1.2004 also observed that difference amount has been deposited by the petitioner and there was no Intention of the petitioner to misappropriate the Government money. The petitioner who being and illiterate lady and belonging to the Scheduled Caste, there was no Justification available for the learned trial court to take cognizance which has been affirmed by the revisional court. if the criminal proceedings are continued in the above circumstances. it will be an abuse of process of law and it would not serve the ends of justice.
(3.) Consequently. the misc. petition is allowed and the order of the learned revisional court dated 9.5.2007. as well as the order dated 2.8.2005 passed in Cr. Regular Case No. 313/5 pending in the Court of Additional Chief Judicial magistrate, Rajgarh are aside. Petition Allowed.;