M J BEG Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard.

(2.) By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought quashing of the first information report dated 15.03.2010, registered as Crime No. 01 of 2010, relating to offence punishable under Section 409 of I.P.C., police station Dhumakote, District Pauri Garhwal.

(3.) Learned counsel for the petitioner submitted that petitioner is a Junior Engineer. The first information report has been got registered by Sub District Magistrate, Sub District Dhumakote, District Pauri Garhwal, against engineers of the then U.P. Jal Nigam, which includes name of the present petitioner. The allegations against the accused are that they did not complete the work of construction of Patwari Chowkees in the District. However, no details of criminal misappropriation are given. It is further pointed out that U.P. Jal Nigam was entrusted with the work in November 2000, but vide order dated 17.01.2001 (copy Annexure -2 to the writ petition), the District Magistrate, Pauri Garhwal, directed to stop the construction work. Learned counsel for the petitioner submitted that the petitioner was transferred in July 2002 from District Pauri Garhwal. It is also submitted that petitioner had never been posted in Tehsil Dhumakote. It is contended that it is abuse of process of law to implicate the petitioner in the present case.