Madhya Pradesh High Court
The State Of Madhya Pradesh vs Phool Kumari Prajapati on 20 June, 2019
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 7568/2018
Jabalpur, Dated 20.06.2019
Shri Shamim Ahmed Khan, learned Govt. Advocate for
the applicant.
Learned Govt. Advocate for the applicant submits that in
Special Case No. 173/2015, respondent Nos. 1,2,4, 6 and 8
have been acquitted for the offence punishable under Section 120B, 419 read with Section 120B, 467/468 read with Section 120B and 420 read with Section 120B of the IPC and remaining respondent Nos. 3,5 and 7 have been acquitted for the offence punishable under Section 419 read with Section 120B, 467/468 read with Section 120B and 471 read with Section 120B of the IPC and these respondents have been convicted for the offence punishable under Section 120B and 420 read with Section 120B of the IPC, therefore, State preferred this leave to appeal under Section 378(3) of the Cr.P.C. for granting leave to appeal.
Perused the record of the trial Court i.e. Special Case No. 173/2015.
Learned Government Advocate for the applicant has drawn attention of this Court towards the statement of O.P. Pandey (P.W.-1).
Case of the prosecution, in short, are that K.K. Pandey was posted as Assistant Commissioner, Department of Tribal Development, Sidhi, one cheque of 30 lacs Rupees received in the Union Bank of India for clearance from Canara Bank showing the signature of K.K. Pandey. After getting information, he immediately went to the Bank and found that cheque bears his forgery signature. He immediately informed to the police and police investigated the matter and found that cheque was issued in favour of the Principal Saraswati Mahavidhyalaya Tala Majholi pertaining to scholarship of the students. During investigation, it was found that through forged cheque respondents conspired to received Government money. The two persons of the department i.e. U.S.D. Dubey and Satyadev Singh involved in this case. After investigation, charge-sheet has been filed.
After trial, learned trial Court acquitted respondents No. 1, 2, 4, 6 and 8 of the charges and convicted the respondents No. 3, 5 and 7 for the offence punishable under Sections 120B and 420 read with Section 120B of the IPC and acquitted of all remaining charges.
There is a clinching evidence on record. Learned trial Court not appreciated the evidence in proper perspective manner and acquitted the accused.
Perused the State of P.W.-1 O.P. Pandey and other witnesses, this Court finds that the State should be granted to file an appeal. Hence, this application leave to appeal filed under Section 378(3) of the Cr.P.C. read with Section 378(1) of the Cr.P.C. is hereby allowed. State is permitted to file an appeal.
Learned Govt. Advocate for the applicant submits that he has filed this application in the formate of an appeal.
Office is directed to convert this M.Cr.C. into Criminal Appeal. So far as, M.Cr.C. No. 7568/2018 is concerned, this application is hereby disposed of as aforesaid.
After registration of appeal, the same be listed for admission of the appeal.
Let notice be issued to the respondents on payment of process fee within seven days.
Notices be made returnable within a period of four weeks.
List the matter after four weeks.
(Vishnu Pratap Singh Chauhan) V. Judge ashish Digitally signed by ASHISH KUMAR LILHARE Date: 2019.06.22 17:36:43 +05'30'