PUSHP LATA NIGAM Vs. STATE OF U P

JUDGEMENT

(1.) The present 482 Cr.P.C. application has been filed with the prayer to quash the proceedings of Case No. 3265 of 2001, under Sections 420/409 IPC, P.S. Swaroop Nagar, Kanpur Nagar pending in the Court of Chief Metropolitan Magistrate, Kanpur Nagar.

(2.) The prosecution case in brief is that an FIR was lodged on 31.01.2001 by? informant/ opposite party No.2 Shitla Singh President Abhibhawak Adhyapak Association, Kanpur Vidya Mandir Mahila Inter College, Swaroop Nagar, Kanpur Nagar against the applicant Smt. Pushplata Nigam alleging that she was working as Principal since 05.02.2000 in the said college. The Committee of Management vide the resolution dated 09.12.2000 under emergent situation had discharged her from the said post with immediate effect by giving her advance salary of a month. It is further stated that all the amount which are disbursed above Rs.500/- are under the joint signatures of the Vice President and the Principal. The applicant without any proper information and knowledge had got a bill and a cheque issued and signed by fraud and misrepresentation from the informant/? opposite party No.2 of Rs. 2,800/- vide Cheque No. 978482 dated 04.12.2000 for which the payment has also been made. for getting a name plate.? The complainant came to know that the name plate was made in the joint name of the applicant and her husband for affixing it at her house. The said information was given to him by one of the presentative of the Committee of Management, namely, N.K.Shukla vide letter dated 06.12.2000. On the basis of the resolution of the College dated 08.01.2001, a decision was taken that the applicant Smt. Pushplata Nigam had embezzled the said amount and misused the same.

(3.) On the basis of the said allegations FIR was registered for the offence under Sections 419, 420 IPC as Case Crime No. 230/2001, P.S. Swaroop Nagar, District Kanpur Nagar. The investigation of the case was carried out and charge sheet was submitted against the applicant for the offence under Sections 409, 420 IPC in the Court of Chief Metropolitan Magistrate, Kanpur Nagar, on the basis of which cognizance was taken by the Magistrate and the applicant was summoned for trial vide order dated 22.09.2001. Hence applicant has filed present application under Section 482 Cr.P.C. for quashing of the proceedings of the aforesaid case pending before the Chief Metropolitan Magistrate, Kanpur Nagar.