N R KANNAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A private complaint under Section 200 Cr.P.C., was filed by respondent No.2 against the petitioner, before the JMFC at Sringeri. The complaint having been referred for investigation under Section 156(3) of Cr.P.C., respondent No.1 registered case in Crime No.49/2014, conducted investigation and submitted charge -sheet on 06.09.2014. Cognizance having been taken for the offences punishable under Sections 406, 409 and 417 IPC, against the petitioner and process having been issued on 10.09.2014, this petition was filed under Section 482 Cr.P.C., to quash the entire proceedings of C.C.No.227/2014, on the file of the JMFC, Sringeri.

(2.) THE petitioner being a public servant and having participated in certain official meetings held at Delhi during May 2013 and other official acts at Tirupati, on 31.05.2013, claimed and received the allowances. On 01.10.2013, an office note having furnished to the petitioner with regard to the excess claim of Traveling Allowance of Rs.6,811/ - and Dearness Allowance of Rs.1,500/ -, in the matter of the official work attended at Delhi and Tirupati, an amount of Rs.8,311/ - was remitted on 01.10.2013, which becomes clear from the statement of Gururaj Bhat, First Division Assistant and Section Officer (I/c) of Rashtriya Sanskrit Sanstan (Deemed University) Rajiv Gandhi Campus, Menase Village, Sringeri Taluk.

(3.) IN disregard of his said statement and the said remittance, charge sheet having been submitted, learned Magistrate has taken cognizance and has ordered issuance of process against the petitioner.