MOHD. YAMIN, J.

( 1 ) THIS is a misc. petition under S. 482, Cr. P. C. against the order of learned Special Judge, Anti-Corruption cases, Udaipur passed on 6-9-1996 by which he framed charge under S. 409 read with S. 210-B, IPC and u/s. 5 (1) (d) (2) read with S. 5 (2) of Prevention of Corruption Act.

( 2 ) I have heard the learned counsel for the petitioner as well as learned P. P.

( 3 ) THE case of the prosecution is that one Ramesh Chandra Dedor and petitioner were working in the Panchayat Samiti, Girwa. The petitioner was Vikas Adhikari while Ramesh Chandra was working as Jr. Engineer. Girwa was declared as a famine striken area and famine works commenced w. e. f. 20-5-88 which came to an end on 15-7-87 when a declaration was made that no more famine work should continue. In all a sanction of Rs. 1,60,000/- was given by the government to be spent for the famine work. Out of it Rs. 79,000/- was to be spent towards the materials and Rs. 81,000/- were sanctioned for famine relief work. It is said that upto 15-7-88 out of Rs. 81, 000/- sanctioned for labour purposes, a sum of Rs. 80,980/- was already spent but towards the purchase of materials a sum of Rs. 18,346. 74 was