MANHARAN LAL TIWARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the petitioner prays for quashment of FIR (Annexure P-1) as well as the sanction order dated 26.12.2011 (Annexure P-2).

(2.) Learned counsel appearing for the petitioner submits that the petitioner is working as Accountant in the Department of School Education and posted at Block Education Office Patan, Durg. On 19.11.2010, the petitioner gave an amount of Rs.20,000/- to the respondent No.5 towards loan, for which the respondent No.5 executed an agreement (Annexure P-3) and assured that the same will be repaid after getting the retiral dues. The respondent No.5 retired on 30.11.2010 and received the retiral dues on 22.12.2010 in the form of account payee cheque. Thereafter, the petitioner asked the respondent No.5 to repay the loan amount. Instead of repaying the loan amount, the respondent No.5 lodged a false complaint stating that the petitioner has demanded money for releasing the retiral dues. The respondent No.3 without verifying the authenticity of the complaint, proceeded against the petitioner on 12.01.2011 on the basis of written complaint dated 06.01.2011 filed by the respondent No.5.

(3.) In fact, on 12.01.2011, the petitioner was on casual leave. On the said date, the respondent No.5 asked the petitioner to come to the office of the Block Education Officer for repaying the loan amount and when the loan amount was given to the petitioner, the authorities of Anti Corruption Bureau caught the petitioner red handed and lodged FIR against the petitioner for commission of offence under Section 7 of the Prevention of Corruption Act, 1988. Thereafter, the petitioner was produced before the trial Court and released on bail.