JUDGMENT :

1. The revisional powers of this Court under section 397 read with section 401 of Criminal Procedure Code are invoked assailing the order of framing of charge dated 4-7-2017 passed by the 1st Additional Sessions Judge, Sironj Distt. Vidisha in S.T. No. 43/2017 against the petitioner under sections 409 and 420 of Indian Penal Code.

2. Learned counsel for the rival parties are heard on the question of admission.

3. Learned counsel for the petitioner has raised two fold submissions; (i) The allegations contained in the charge-sheet do not disclose presence of essential ingredients to constitute an offence punishable under section 409 and 420 of Indian Penal Code (ii) Since petitioner is the owner of the warehouse, the charge under section 409 of Indian Penal Code which does not relate to a warehouse keeper cannot be framed against the petitioner. It is further contended that the petitioner however can be charged under section 407 of Indian Penal Code.

4. Brief facts giving rise to the present case are that 50 individuals who were farmers lodged a complaint with the police Station, Sironj Distt Vidisha vide Crime No. 144/2015 on 14-5-2015 alleging that they had entrusted their f