KISHORE KHAROLA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) The present petition under Section 482 of the Code of Criminal Procedure (hereinafter for short 'Code') has been filed for quashing of the proceedings in criminal case No. 99 of 2000, under Ss. 406/409 of IPC pending in the Court of Judicial Magistrate, Purola, Uttarkashi.

(2.) Above mentioned case was registered on filing of charge-sheet No. 31 of 1999, arising out of first information report No. 27 of 1999 lodged by complainant Rupendra Nath Misra, Project Director, District Rural Development Agency, Uttarkashi. It was alleged that under the D.R.D.A. scheme a non-government organization in the name and style 'Himalaya Industrial Training Institute", Joshiyara, police station, Uttarkashi was sanctioned sum of Rs. 2.05 lacs to undertake various words under Jawahar Rojgar Yojana in the year 1998. Verification of the work was carried out in the month of February, 1999 and meanwhile it was found that the organization neither paid the wages to the labourers employed in the work undertaken nor submitted required muster rolls and vouchers to show disbursement of the wages and to justify that the work had been completed, despite repeated reminders on 31-8-1998, 16-1-1999, 4-3-1999 and 12-5-1999. It was thus found that the office bearers looking after the affairs of the organization have in fact dishonestly misappropriated the funds released in favour of the organization. Consequently FIR dated 6-6-1999 was filed and on completion of the investigation police submitted charge-sheet under Sections 406/409 of IPC against the petitioner who was the Secretary-Treasurer of the organization as well as against other office bearers, viz., the President and the Vice-President of the organization.

(3.) Heard Sri Vinod Sharma, learned counsel for the petitioner and learned A.G.A. for the respondent-State.