(1.) The applicant, by means of present Application under Section 482 Cr.P.C., seeks to quash the charge-sheet dated 25.10.2008 and the summoning order dated 21.04.2010 passed by the Chief Judicial Magistrate, Champawat in Criminal Case No.150 of 2010 titled as State vs. Lal Singh, under Section 409 IPC. The applicant also seeks to quash the proceedings of the aforementioned criminal case pending before the said court.
(2.) An FIR was lodged by District Supply Officer, Champawat against the applicant on 29.07.2008 at P.S. Lohaghat, District Champawat, which was registered as case crime no.389/2008 under Section 409 IPC. After the investigation, a charge-sheet was submitted against the accused-applicant for the selfsame offence. The cognizance was taken by the Chief Judicial Magistrate, Champawat, vide order dated 21.04.2010 and accused-applicant was summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the accused-applicant.
(3.) According to the FIR, applicant, who was posted as Assistant Food Inspector, Dhunaghat, was transferred to some other place. Manoj Kumar Sah, Central Incharge of the godown was asked to take over the charge of godown. On 21.07.2008, the applicant was directed to handover the charge of the godown to Manoj Kumar Sah, Central Incharge of the godown. On 22.07.2008, the applicant was present in the godown at Dhunaghat. When the applicant was asked to handover the charge of godown to Manoj Kumar Sah, he went to his house to collect the documents, but he did not return to the godown at Dhunaghat. Fair price dealers informed District Supply Officer that the applicant has gone to Devi-Dhura. Thereafter, the District Supply Officer prepared a stock list of the godown in presence of respectable persons of the area and handed over the charge to Manoj Kumar Sah. The stock register, etc., was not handed over by the applicant to the godown incharge. It is alleged that since the applicant did not handover the sale and stock registers of the godown, therefore, the same hampered the official functions.