I.A. Ansari, J.

1. With the help of this application, made under Section 482, Cr PC, the petitioner, who is one of the accused in GR Case No. 50/2005, corresponding to CR Case No. 321 /2008, has put to challenge the order, dated 15.07.2009, passed by the learned Additional Chief Judicial Magistrate, North Lakhimpur, whereby the learned Magistrate has framed charge against the present petitioner and some others under Section 406 read with Section 34, IPC. I have heard Mr. N. Dutta, learned Senior counsel, for the accused-petitioner, and Mr. D. Das, learned Additional Public Prosecutor, Assam. I have also heard Mr. H. Deka, learned counsel, for the opposite party No. 1.

2. Before coming to the merit of the present application, made under Section 482, Cr.PC, the material stages, which have led to the framing of the charge by the impugned order, are set out, in brief, as under :

(i) The informant, Bibhison Pegu, lodged a First Information Report (in short, 'the FIR'), at North Lakhimpur Police Station, alleging, inter alia, that on 10.01.2005, Sashidhar Sonowal, librarian of North Lakhimpur College, collected a sum of Rs. 34,000/- to 35,000/- from the students as examination fees and, upon making collection, the said amount was handed over by the said Sashidhar Sonowal to the present petitioner, Manik Hazarika, and that these two persons have misappropriated the entire amount of money belonging to the college. Based on this FIR, North Lakhimpur Police Station Case No. 35/2005, under Sections 406/ 34, IPC, was registered against the present petitioner and the said Sashidhar Sonowal as accused.

(ii) Since the investigation, according to the investigating officer, did not reveal sufficient incriminating materials against the present petitioner and co-accused Sashidhar Sonowal, a final report was submitted. It is noteworthy that the investigating officer reported that he had visited the place of occurrence, examined the informant and other available witnesses, but found no evidence against the two accused aforementioned; rather, during investigation, it surfaced, according to the investigating officer, that the Governing Body of North Lakhimpur College held a meeting on 08.01.2005 and removed the informant, Bibhison Pegu, from the post of the Principal of the said college, the meeting having been attended by the accused persons too and that the informant lodged the FIR against the two persons on personal grudge. It was also reported by the Investigating Officer that on 10.012005, the informant, along with some other students of the said college, assaulted Sashidhar Sonowal and snatched away Rs. 6,000/- from his pocket and also the keys of the library of the said college and that the informant and his supporters not only broke the lock of the main door, took away the examination fees amounting to Rs. 35,000/-, but also the examination forms and, on the basis of an FIR received in this regard, North Lakhimpur Police Station Case No. 35/2005, under Sections 294/ 325/ 379/ 342/ 34, IPC, was registered against the present petitioner as accused. It was further reported by the Investigating Officer that it was only after the FIR was lodged by Sashidhar Sonowal leading to the registration of North Lakhimpur Police Station Case No. 33/2005 aforementioned that the present informant has lodged the FIR, which has led to the registration of North Lakhimpur Police Station Case No. 35/2005.

(iii) On submission of the final report, as indicated above, an application was filed by the present informant in the case aforementioned, wherein it was alleged that since the police had submitted final report, the informant has been constrained to file the complaint. The said complaint gave rise to CR No. 321/2008, wherein the learned Court below examined the complainant and, having held an enquiry under Section 202, Cr.PC, directed issuance of process against the accused-petitioner and the said Sashidhar Sonowal under Sections 406/ 34, IPC.

(iv) The learned