Order. - This is an appln. u/ss. 439 and 561A, Cr. P. C. by Dains Ram and six others, who are being tried before a learned first class Mag. of Theog for an offence punishable u/s. 408, I. P. C., and the abetment thereof. 2. The total amount in respect of which criminal breach of trust is alleged to have been committed is Rs. 19,444-3-0. The first two accused, Dains Ram and Rati Ram, have been charged as principal offenders in respect of the entire amount, while the third and fourth accused, Thenka Ram and Kalia, have been charged with abetment to the extent of Rs. 9,801-13-0 and the remaining accused Sita Ram, Karmu and Puria with abetment to the extent of Rs. 9,642-6-0 The trial is at the stage of charges having been framed after taking all the evidence mentioned in the charge-sheet and the examination of the accused, but the prosecution witnesses have not yet been cross-examined further, and the accused have not yet been called upon to enter on their defence and produce their evidence. 3. The appcts. have already been before the Ses. J. in revn. but unsuccessfully. Their prayer before me is that the charges be quashed and all the accused discharged. 4. The appln. has been strenuously opposed by the Govt. Advocate, and lengthy arguments were advanced before me on both the sides. The facts leading up to the present revn. are, in brief, as follows. 5. The offence is alleged to have been committed in respect of the purchase and sale of potatoes, which is one of the main cash crops of this State. The present case is concerned with the potato crop of Balsan State for the 1947-48 season. Potato season lasts, roughly, from September to January. The matter thus relates to a period of time prior to 15-4-1948, when this State of Himachal Pradesh was formed by the integration of the former twenty-one Punjab Hill States, including Balsan. It is said that immediately before the potato season in question Rana Ran Bahadur Singh, Ruler of Balsan, formed an assocn. called the Balsan Alu Assocn. with the present seven accused, of whom Dains Ram and Rati Ram were Ministers of the State, as its functionaries. It is said that immediately before the potato season in question Rana Ran Bahadur Singh, Ruler of Balsan, formed an assocn. called the Balsan Alu Assocn. with the present seven accused, of whom Dains Ram and Rati Ram were Ministers of the State, as its functionaries. This was an annual affair, and the reason behind its formation was to save the potato grovers of the State from the machinations of the middle-man and the troubles of transport. This Assocn. had two depots, one at Phagu and the other at Theog, and it was to one or the other of these depots that the potato grovers of Balsan State brought their produce. The Assocn. purchased potatoes from the grovers at these depots at a rate fixed by the State, making a deduction of one anna six pies per rupee, and thereafter it sold the same through a firm of clearing agents of Dhali known as M/s. Ilakam Rai Nathu Mal. 6. One anna out of the said deduction of one anna six pies in the rupees, variously described as commission, katouti and octroi, is said to have constituted the share of the State. During the season in question potatoes totalling Rs. 2,50,000, odd in value, the whole of which amount was furnished by the firm of clearing agents, are said to have been purchased, and Rs. 29,000 odd represented the aggregate of the said deductions at one anna six pies per rupee. The last deal consisted of 750 bags of potatoes 1500 maunds in weight, which were despatched by the Assocn. to the clearing agents on 12-1-1948. Nathu Mal, one of the proprietors of the clearing agents firm, who was produced as a prosecution witness, has stated that the Assocn. has accounted for every pie of the aforesaid sum of Rs. 2,50,000, odd, and that they have not yet paid to the Assocn. the value of the said 750 bags of potatoes. This value according to the accused comes at the controlled rate of Rs. 16-8-0 per maund to more than Rs. 24,000, but the clearing agents have shown the consignment in their accounts as having been sold on 23-5-1948 for only Rs. 8,650. 7. The last deal, as had been stated above, took place on 12-1-1948. On 20-2-1948, Shri R. P. Bhargava took over the administration of Balsan State on behalf of the Govt. of India. 24,000, but the clearing agents have shown the consignment in their accounts as having been sold on 23-5-1948 for only Rs. 8,650. 7. The last deal, as had been stated above, took place on 12-1-1948. On 20-2-1948, Shri R. P. Bhargava took over the administration of Balsan State on behalf of the Govt. of India. About a week thereafter, he was told that the States share of the said deductions had not been deposited in the treasury. He made demands for the deposit from the two Minister-accused and from Shri Ram Singh, the Chief Minister, who was examined as a Ct. witness, but neither a deposit was made nor any account furnished. On 14-3-1948 Shri Bhargava made a report to the police against 14 men for defalcation of about Rs. 30,000, and on 19-8-1948 the police submitted a charge-sheet u/ss. 409, 109, I. P. C. against the present appcts. and one more, Bija Ram, since deceased, in respect of Rs. 29,166-4-6. Charges against the accused were framed, as mentioned above, on 2-3-1950, prosecution evidence and examination of the accused concluded on 26-6-1950, the appcts. went up in revn. to the Ses. J. on 8-7-1950, he rejected the revn. on 16-8-1950 and on 8-9-1950 the present appln. was filed in this Court. 8. The main grounds of defence are that the entire business was State business, that no specific portion of the said deduction of one anna six pies in the rupee represented the States share but the whole of it covered the running expenses of the Assocn. and loss due to driage, pilferage, etc., as well as the States share, that this share of the State could therefore be ascertained only after an adjustment of accounts, that no dishonest misappropriation or conversion of money to their own use has been committed by the appcts. inasmuch as potatoes worth more than the amount for which they are being tried are admittedly lying with the clearing agents, and that Shri Bhargava precipitated the appcts. prosecution without a settlement of accounts with them. One other plea taken in defence was that the trial Ct. was debarred from taking cognizance of the offence against the present appcts. except with the previous sanction of the Central Govt., as required by S. 197, Cr. P. C. 9. prosecution without a settlement of accounts with them. One other plea taken in defence was that the trial Ct. was debarred from taking cognizance of the offence against the present appcts. except with the previous sanction of the Central Govt., as required by S. 197, Cr. P. C. 9. There can be no doubt with regard to this Ct.s powers, under either of the two sections under which the present appln. has been filed, to interfere with the proceedings pending in the trial Ct. and that at any stage of those proceedings. The revisional powers of this Ct. can, therefore, be invoked, as has been done by the present appcts. at the stage of the trial when a charge has been framed against them: C. S. Joseph v. Emperor, 41 C. W. N. 251. At the same time, invokation of such powers at an interlocutory stage, or during the pendency of the proceedings in the trial Ct , cannot be made a substitute for the exercise of the right of appeal or revn. which an aggrieved party always has after due termination of those proceedings. A High Court is, therefore, reluctant to interfere in a case which has not yet been completed in the trial Ct.: Raghunath Das v Emperor, a. i. R. (20) 1933 all. 211, and it will do so only in exceptional cases such as where a person it being harassed by an illegal prosecution, or where there is some manifest and patent injustice apparent on the face of the proceedings calling for prompt redress, or where the evidence on record for the prosecution clearly does not justify a charge of any offence, or where the trial is on the face of it an abuse of the process of the Ct.: Gulam Shera-zee v. King, A. i. R. (29) 1942 Rang. 48. It has, therefore, to be seen as to whether the present is a case of such an exceptional nature. 10. In connection with the question as to whether the State had, or had not, anything to do with the profit and loss of the business, or whether it was only concerned with its one anna in the rupee on the purchase of the potatoes, elaborate arguments were advanced before me as to whether the business in question was a State business or the private business of the appcts. In support of the contention that it was a State business reference was made by the learned counsel for the appcts. to the statements of the prosecution witnesses that the Assocn. was formed by the Rana of Balsan in September 1947. This was controverted by the learned Govt. Advocate arguing that the act of the Rana cannot be described as an act of the State because he had already been deposed in 1946. There is no evidence on record with regard to the deposition, but I was asked to take judicial notice of the fact u/s. 57, Evidence Act. Again, the learned counsel for the appcts. argued that in order to prove that the appcts. had acted in violation of the directions of the State with regard to the mode in which the trust was to be discharged it was incumbent upon the prosecution to file some written order or direction of the State showing that it was obligatory on the appcts. to make a fixed deposit into the State treasury of one anna in the rupee irrespective of whether the remaining six pies in the rupee did or did not suffice to cover their running expenses of the business and losses due to driage, pilferage, etc. It was further contended that it is incredible that such documentary evidence should not be in existence and that the prosecution had suppressed it. Reference was also made in this connection to the fact that Shri Bhargava had admittedly seized all the documents which were in possession of the appcts. It was, therefore, pressed that a presumption against the prosecution should be drawn that the defence contention that no portion of one anna six pies in the rupee was earmarked as the share of the State, and the State was to be paid on a settlement of accounts only the balance, if any, of the said deductions, after making allowance for the running expenses and the losses of the business, was correct. And reference in this connection was made to the vouchers of purchase in which deductions were not made separately at one anna and at six pies but in a lump sum at one anna six pies in the rupee. And reference in this connection was made to the vouchers of purchase in which deductions were not made separately at one anna and at six pies but in a lump sum at one anna six pies in the rupee. On the contrary, the existence of any such order was denied on behalf of the prosecution, and it was urged that if any such directions did in fact exist they must be deemed to be within the special knowledge of the appcts. and therefore the burden of proving them was upon them u/s. 106, Evidence Act. The learned Govt. Advocate fortified this argument by referring to the statement of at least one of the appcts, Puria, who has clearly admitted that one anna out of the said deductions represented the State octroi and six pies the share of the depots for their expenses. This statement was not made by Puria before the trial Ct. but before a Mag. Pandit Bansidhar, during the police investigation at the instance of Shri Bhargava, and it was a matter of controversy whether such a statement was admissible in evidence. Pandit Bansidhar himself admitted that the statements of the accused recorded by him were not recorded u/s. 164, Cr. P. C. 11. In support of the contention that deposit of the States share of the said deductions was to be made only after settlement of accounts on the close of the potato season, and that the State was responsible for profit and loss of the business, reference was made by the learned counsel for the appcts. to the statements of some of the prosecution witnesses themselves. The Govt. Advocate, however, refd. to the statements of certain other prosecution witnesses as leading to a contrary conclusion, and he argued that there was intrinsic evidence in the statements of the prosecution witnesses reld. upon by appcts. which showed that they had reason either to be hostile to the prosecution or to implicate the State. One of such witnesses was Beli Ram and it was stated by the Govt. Advocate that he was a representative of a firm Bhandari Mal Khusi Ram which had had admittedly filed a suit for recovery of price of potatoes against the State as well as against the the present appcts. The Govt. One of such witnesses was Beli Ram and it was stated by the Govt. Advocate that he was a representative of a firm Bhandari Mal Khusi Ram which had had admittedly filed a suit for recovery of price of potatoes against the State as well as against the the present appcts. The Govt. Advocate further argued that even if it be conceded that the determination of the States share of the deductions was dependent upon a settlement of accounts, the appcts. have had more than enough time for that during the three long years that the present trial has lasted, and that this unconscionable delay on their part in settling the accounts with the State or with the clearing agents and depositing the States share of the deductions establishes dishonest misappropriation. 12. Another argument put forward by the learned counsel for the appcts. was that no misappropriation has in fact taken place since the amount claimed from the appcts. is more than covered by the value of the 750 bags of potatoes lying with the clearing agents. It was contended that the appcts. have not been guilty of user of any portion of the amount in question but have invested it in the purchase of potatoes, and it lies in the shape of the said 750 bags of potatoes with the clearing agents. This argument is characterised on behalf of the prosecution as fallacious. It is argued that in the purchase of every maund of potatoes at the controlled rate of Rs. 16-8-0 per maund. the wherewithal for which was supplied by the clearing agents, a deduction of Rs. 1-8-9 was made by the appcts. from the price paid to the grower, out of which Rs. 1-0-6 represented the share of the State and 0-8-3 the share of the appcts. At this rate, on a purchase of the total quantity of potatoes worth Rs. 2,50,000 odd, during the season in question, the appcts. had made deductions to the tune of Rs. 29,000 odd, out of which their share comes only to Rs. 9,000 odd and the share of the Govt. to Rs. 19,000 odd. This latter sum the appcts. were bound to deposit into the State treasury within at least a reasonable time after the close of the potato season, but they have not done so so far. 29,000 odd, out of which their share comes only to Rs. 9,000 odd and the share of the Govt. to Rs. 19,000 odd. This latter sum the appcts. were bound to deposit into the State treasury within at least a reasonable time after the close of the potato season, but they have not done so so far. It was contended that the price of the said 750 bags of potatoes lying still unaccounted for with the clearing agents is over and above the said sum of money due to the State has nothing to do with it. It is contended that irrespective of whatever may be due the appcts. from the clearing agents in respect of the price of the said 750 bags of potatoes, they had misappropriated the States share of Rs. 19,000 odd out of the aforesaid total deductions of Rs. 29,000 odd, which they had already made. I have tried to set forth both the sides of the case as disclosed in the arguments of the learned counsel for the parties and I have done so without expressing my own opinion on any point and with as great a detachment as possible, so that the future trial of the appcts. may not be prejudiced in any way. This much, however, is clear from the aforesaid detailed enunciation of the arguments of the learned counsel that this is not one of those exceptional cases refd. to above which justify my interference in revn. during the pendency of the proceedings in the trial Ct. One test of the case being of the aforesaid exceptional nature is that a bare statement of the facts without any elaborate argument should be sufficient to convince the Ct. that interference during the pendency of the proceedings in the trial Ct. is justified: vide the aforesaid 1942 Rangoon case. This is not a case of that nature. This is, on the contrary, a case in which an inference as to the guilt or innocence of the appcts. will have to be drawn on a careful appraisement of the evidence and arguments put forward on behalf of the parties and this must be left to the trial Court. 13. The appln. in revn. is, therefore, rejected. Revision dismissed.