IRSHAD HUSSAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri M.D. Singh Shekhar, learned Senior Advocate, assisted by Sri Vaibhav Goswami, Advocate, for applicant and learned A.G.A. for State.

(2.) This is an application under Section 482 Cr.P.C. filed by sole applicant, Irshad Hussain, with the prayer to quash entire proceedings of Criminal Case No. 803 of 2004 under Sections 419, 420, 467, 468, 471, 256, 259, 379, 411, 413 and 120B I.P.C. and order dated 07.04.2004 whereby Chief Judicial Magistrate, Chitrakoot (hereinafter referred to as "CJM, Chitrakoot") has taken cognizance and issued warrants to applicant and another, pending in the Court of Chief Judicial Magistrate (hereinafter referred to as "CJM"), Chitrakoot.

(3.) Facts in brief, as stated in the application, are that applicant obtained his Bachelor of Technology degree in Electrical and Electronics and appointed as Junior Engineer in Indian Telephone Industries Limited, Naini, Allahabad (hereinafter referred to as "ITI, Allahabad") which is a Central Government undertaking and instrumentality of State within the meaning of Article 12 of Constitution. In August, 1997, i.e., 23.08.1997 applicant departed for Jeddah (Saudi Arabia) to perform religious obligation Haj (Umera). Just a two days before, i.e., on 21.08.1997, at P.S. Kotwali Karvi, District Chitrakoot, a First Information Report (hereinafter referred to as "FIR") was lodged by one R.N. Verma, Superintendent of Post Offices, Banda Prakhand, Banda against Ram Lakhan Verma, Ayodhya Prasad Pandey and Sushil Chand Tripathi under Sections 409, 419, 420, 467, 468, 471, 120B I.P.C. for committing fraud and embezzlement of 5,70,500/-.