RAMESH CHANDRA, S/O. LATE HANSRAJ OFFICE ASSISTANT-2, ELECTRICITY DISTRIBUTION DIVISION Vs. STATE OF UTTARAKHAND, THROUGH SECRETARY (HOME) AND ORS.

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition moved under Section 482 of Code of Criminal Procedure, 1973 (for short Code of Criminal Procedure), the Petitioner has sought quashing of the order dated 03.02.2011, passed by Chief Judicial Magistrate, Haridwar, whereby the application of the Petitioner moved under Section 156 Code of Criminal Procedure, is rejected. The Petitioner has further challenged order dated 20.05.2011, passed by Sessions Judge, Haridwar, whereby criminal revision No. 56 of 2011, was dismissed, and the order passed by the Chief Judicial Magistrate, Haridwar, was affirmed.

(3.) ADMITTEDLY the Petitioner is an employee of Power Corporation who is placed under the suspension in connection with financial irregularities, and alleged embezzlement. The accused (Respondent No. 3 to 11), against whom the Petitioner wants to get registered the case are Superior Officers of Uttarakhand Power Corporation. The Chief Judicial Magistrate, in his order dated 03.02.2011, has discussed detailed reasons for which the application was rejected. The allegation against the Petitioner is that he is facing department enquiry for not depositing of Rs. 29,47,542/ -collected by him which was later deposited (by him). However, he has taken plea in defence that he had already made the payment of said amount to one Sanjeev Bansal. The Magistrate called report from the police station, and it was reported that the Chief Cashier and Sub Divisional Officer disclosed that the receipts which were relied by the Petitioner Ramesh Chandra relating to payment to Sanjeev Bansal, were forged one, and he had to make the payment as above.