- (1.) This Cr. Revision is directed against the order impugned dated 15.06.2009 by which the petition filed on behalf of the petitioner for his discharge was rejected by Shri Daya Ram, Judicial Magistrate, Giridih in T.R.No. 1058 of 2009 arising out of Dumri P.S. Case No. 62 of 2008 for the alleged offence under Sections 406/409/420/379 & 34 of the Indian Penal Code.
(2.) The prosecution story in short was that the informant Shri Shankar Das, Block Extension Education Officer, Dungri presented a written report before Dungri Police on 10.11.2008 stating, inter alia, that pursuant to the information received from the witness Barkat Ali, Raj Kumar Pandey, Jag Narayan Mahato and other villagers that the rice kept in the bags in Dungri Middle School had been stolen, he apprised the fact to the B.D.O., who directed the informant to lodge an F.I.R. The informant visted the said school and found that in place of 12 bags of rice kept for nutrition (Poshahar) for the children of the said school, 4 bags of rice were removed and substituted with bags filled with sand and only 6 bags containing rice were found there. It was alleged that the Incharge Head Master Ravi Shankar Mahato who was the Secretary of Gram Shikcha Samiti was holding key of the Store Room and it was alleged that Md. Faraz, the President of Gram Shikcha Samiti was also involved in such mischief. The allegation against the petitioner Vijay Bhushan Kumar in the F.I.R. was that he was in possession of the key of the school and in this manner though the petitioner was implicated but the F.I.R. was lodged only against Md. Faraz and Ravi Shankar Mahato i.e the President and the Secretary of Gram Shiksha Samittee respectively. The written report of the informant contained the explanation of the petitioner Vijay Bhushan Kumar that no entrustment of the key of the Stock Room was made to him.
(3.) On the basis of the written report presented by the informant, the offence was registered under Sections 406/409/420/379/34 of the Indian Penal Code. However, after investigation the Investigating Officer submitted chargesheet only against the petitioner and Md. Faraz i.e the President of Gram Shiksha Samittee under Sections 406/409/420/379/34 of the Indian Penal Code and the Head Master Ravi Shankar Mahato was not sent up for trial as no material was found about his complicity in the instant case.;