M.R. Verma, J.:- This revision petition is directed against the order dated 21.3.1998 passed by the learned Special Judge (Forest) Shimla in case No.30-S/7 of 1995 whereby, a charge under Sections 420,467,468,471,218,120-B of the Indian Penal Code (hereinafter referred to as the Code), Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the Act) and Rules 11/20 and 18/20 of the H.P. Forests Produce Transit (Land Routes), Rules 1978 (hereinafter referred to as the rules), has been ordered to be framed. Charges have been ordered to be framed against other co-accused also.

2. The facts of the case in brief are that on investigation of the case F.I.R. No. 54/84, dated 23.12.1984, the investigating agency after collecting the relevant material came to the conclusion that the accused and his accomplices had indulged in the acts of cheating, forgery, manipulation of records, corrupt practice and illicit transportation of timber, therefore, submitted a charge-sheet against the accused petitioner and other co-accused under Sections 379,420,467,468,471,218 and 120-B of the Code, Sections 41 and 42 of the Indian Forest Act and Section 5(2) of the Act. After hearing the parties, learned trial Judge by the impugned order directed framing of the charge against the accused-petitioner as aforesaid. Feeling aggrieved, the accused-petitioner has preferred the present revision petition.

3. I had heard learned counsel for the accused-petitioner and the learned Assistant Advocate General for the respondent-State and have also gone through the records.

4. The precise allegations against the accused-petitioner as in the charge-sheet are that he was posted as Station Master, Railway Station, Summer Hill from January 1979 till August, 1983 and had retired from service in the year 1986. M/s. Him Giri and Co. Marog which was dealing in felling of trees, conversion and exporting of timber had secured permit No.12/82-83, dated 9.6.1982 for export of 3963 scants of timber to Yamunanagar via summer Hill. Permit No. 13/82-83 was issued for transportation of timber i.e. 2983 scants by the Forest Department in favour M/s. Dun Forest Co., Dehradun where under the timber was permitted to be exported to Mantruwala. Misusing the aforesaid permits, instead of 3963 scants as permitted to be exported vide permit No. 12/82-83, 4003 scants were booked and exported from Summer Hill Railway Station to Railway Station, Jagadhari. This was done by the accused in conspiracy with M/s. Him Giri and Co. He had assisted in. the illicit transportation of the timber by not mentioning the number of the relevant permit in the Rs. and by omitting to give the exact number of scants exported through rail in the Rs. It is further alleged that the accused did so in conspiracy with the co-accused and by misuse of his official powers obtained pecuniary advantage to himself and M/s. Him Giri and Co.

5. It was contended by the learned for the accused that there is no material on the record to proceed against the accused for the commission of the offences for which he has been ordered to be charged. The material relied upon by the prosecution has been misread and mis-understood by the learned trial Judge who has arrived at a conclusion which is not permissible on the basis of the available material.

6. In view of the allegations against the accused, the sum and substance whereof has already been set out hereto-fore and the contentions raised for the accused, it has to be examined as to whether the material on record prima facie substantiates the allegations against the accused and whether allegations so made constitute the grounds to proceed against the accused for the commission of the offences punishable under Sections 420,467,468,471,218.and 120-B of the Code, Section 5(2) of the Act and Rules 11/20 and 18/20 of the Rules.

7. Section 420 of the Code reads as follows:- “420. Cheating and dishonestly inducing delivery of property: Whoever cheats and thereby