MANGOO LAL VERMA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By means of this petition, moved under section 482 of Cr.P.C, the petitioner has sought quashing of the proceedings of Criminal Case No. 223 of 1996, State Vs Mangu Lal Verma, relating to offence punishable under section 409 of I.P.C. pending in the court of Chief Judicial Magistrate, Nainital.

(2.) Brief facts of the case are that the petitioner was retired on 31.07.1987 for the post of Sachiv-cum- Cooperative Inspector Group (2) Nainital, District Cooperative Sangh Ltd. Haldwani, District Nainital. On 04.05.1987 a First Information Report was lodged by Janardhan Tiwari (Upper District Cooperative Officer), under Section 409 of I.P.C., which was registered as Case Crime No. 253 of 1987. Feeling aggrieved by the aforesaid criminal case, the applicant preferred a writ petition before the Allahabad High Court by which, the First Information was quashed and further directed to pay all the retrial benefits to the petitioner from 01.08.1997 with 20% interest per annum. On the basis of the aforesaid order, the learned Chief Judicial Magistrate, after perusing the order passed by the Hon'ble High Court of Allahabad, closed the aforesaid criminal proceedings against the applicant. After lapse of eight and half months, the Assistant Prosecution Officer filed an application before the Chief Judicial Magistrate on 09.03.2005 stating therein that the documents filed by the applicant in criminal case No. 223 of 1996 were not correct, therefore, necessary action be taken against the applicant. On the basis of which, the learned Magistrate issued notice to the applicant, but he did not appear before the trial court. Therefore, on 11.07.2005, learned Chief Judicial Magistrate issued non-bailable warrants against the applicant. Feeling aggrieved by the aforesaid criminal proceedings initiated against the applicant, he has preferred this petition before this Court.

(3.) Heard Sri Rajeev Sharma, Advocate for the petitioner/applicant, Sri S.S. Adhikari, learned A.G.A. for the State and perused the record.