MOHD. ASLAM KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of this petition under Section 482 Cr.P.C. the petitioner who was the then accounts clerk challenged the prosecution under Sections 409, 406 IPC in Criminal Case No. 6423 of 2005 relating to Case Crime No.261 of 2005, under Sections 409, 406 IPC, P.S.-Bilgram, District Hardoi pending in the court of Chief Judicial Magistrate, Hardoi in pursuance of issuing summon to the petitioner in the light of the chargesheet filed by the police.

(2.) Relevant facts for deciding the case are that some irregularities in construction carried out by Nagar Palika Parishad, Bilgram was noticed. A preliminary inquiry was conducted under the instruction of the State Government. A report has been submitted along with letter dated 20th October, 2005 issued by Secretary, Urban Development Department, State of U.P. A decision has been taken on the basis of aforesaid report that first information report be lodged against the wrong doers found prima facie guilty in the preliminary report. In furtherance of this order a first information came into existence on 31.10.2005 (annexure 2 to this petition) against 14 persons including the present petitioner. The investigation was carried out and ultimately chargesheet has been filed against petitioner and three others under sections 409 and 406 IPC. The petitioner was summoned to face the trial. This order of summoning as well as proceedings initiated against the petitioner in pursuance of the aforesaid chargesheet has been challenged in this petition.

(3.) The ground for challenge is that the petitioner has been exonerated in departmental proceedings initiated against him on the identical charges which are subject matter of the present prosecution. Hence, the continuance of the present prosecution against the present petitioner would be an abuse of process of law.