ISRAR AHMAD Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) Heard Mr. Parikshit Saini, Advocate present for the applicant, Mr. V.K. Gemini, Dy. Advocate General assisted by Ms. Shivali Joshi, Brief Holder present for the State of Uttarakhand and Mr. Manish Arora, Advocate present for the respondent No. 4. A first information report has been lodged by applicant against one Ramesh Chandra under Ss. 420/467/468/471 of IPC. Police after investigation has submitted charge sheet in this matter. Learned counsel for the applicant has apprised this Court that accused/respondent No. 4 on various occasions (atleast three cases have been cited before this Court) had approached this Court for quashing the criminal proceedings on one pretext or the another, but his petitions were dismissed by this Court. Respondent No. 4 was avoiding his appearance before the trial court. Meanwhile, an order has been passed purported under Sec. 321 Cr.P.C. which has signature of Additional Secretary, Government of Uttarakhand in which Government has given its approval for withdrawal of criminal proceedings against the accused/respondent No. 4. This Court has been informed that Public Prosecutor presented the approval under Sec. 321 Cr.P.C. before learned Magistrate and has also given his consent. Thereafter, proceedings have been stood withdrawn.

(2.) Aggrieved, present application under Sec. 482 of Cr.P.C. has been filed by the present applicant invoking the inherent jurisdiction of this Court.

(3.) Learned counsel for the applicant would argue that approval of the Government itself has not been given by the competent authority as order does not suggest by the Legal Remembrance of the Government of Uttarakhand, but by the Additional Secretary of Government of Uttarakhand. However, the order itself does not state which department the said Additional Secretary belongs. There are serious allegations against the accused for fraud, breach of trust & cheating etc. As it has been alleged that being a teacher, he had fabricated and submitted false education certificates.