Mafizul Islam Mia v. K.P. Sinh - 1968 Supreme(Online)(Gau) 3

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1968 Supreme(Online)(Gau) 3

TRIPURA HIGH COURT
A. B. Bhowmick, J
Mafizul Islam Mia v. K.P. Sinh

Table of Content
1. charges of criminal breach of trust and misappropriation based on provided materials. (Para 1 , 2 , 3 , 4)
2. improper joinder of charges regarding materials not fitting provisions for money. (Para 5 , 6)
3. ownership of materials by contractor excludes criminal liability for misappropriation. (Para 7 , 8 , 9 , 10 , 11)
4. final ruling to accept references and quash charges. (Para 12 , 13)

1. These are two references made by the Sessions Judge, Tripura, under S.438 Cr. P.C. to quash the charges framed by the S.D.M., Sadar, on 30-5-1063 against the petitioner - accused in C.R. cases No. 16 of 19R3 and 15 of 1963 on his file respectively under S.406 and S.403 I.P.C. for the offences of criminal breach of trust and criminal misappropriation. As the learned Counsel for both the parties argued both the cases as clubbed and as the same questions of law arise for determination and as the petitioner is the same in both the cases, they are disposed of by this common judgment.

2. In Criminal reference 14 of 1965 the case of the prosecution is that the petitioner is a contractor, who was previously executing contracts in the Public Works Department, Tripura, that on 21-11-1960 h