MANOJ KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Miscellaneous Application, under Sec. 482 CrPC, is preferred to quash the cognizance order dtd. 27/6/2012, passed by the Judicial Magistrate, Kashipur, Udham Singh Nagar, in Criminal Case No. 1040 of 2013 under Sec. 409 IPC, State v. Manoj Kumar.

(2.) Facts, in brief, are that on 29/11/2011, one Smt. Ramoti Devi lodged an FIR against the present applicant alleging that he had embezzled Rs.27,600.00 from the joint account of Gram Panchayat on 31/1/2009 while working as Village Development Officer. Investigation was conducted and after completion of the investigation, police filed chargsheet for the offence under Sec. 409 IPC against the accused applicant. Thereafter, impugned cognizance order was passed.

(3.) Learned Counsel for the accused applicant contended that on 1/4/2011, one Omkar Deep Singh sought information under Right to Information Act as to why FIR was not lodged against the applicant and it is on the orders of the Uttarakhand Information Commission, the FIR was lodged against the applicant. He contended that neither Omkar Deep Singh have any concern in the matter nor the Uttarakhand Information Commission has power to direct for lodgment of the FIR on the information sought by a third person. Learned Counsel for the applicant further submitted that the applicant has already repaid the alleged embezzled amount on 27/3/2010. Learned Counsel for the accused applicant also argued that no sanction under Sec. 197 of the Cr.P.C. was obtained by the prosecution.