SARIT KUMAR BOSE Vs. STATE OF UTTARPRADESH

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure for quashing the proceedings of Criminal Case No. 811 of 1977, State v. S.K. Bose, pending in the court of Judicial Magistrate, Allahahad.

(2.) The applicant is an accused in Criminal Case No. 811 of 1977, under Sections 420/409/467/468 Indian Penal Code pending in the court of the Judicial Magistrate, Allahabad. The facts, briefly stated, are that from September 1961 to May 1966 the applicant was posted as Cashier in the Accounts Department of the High Court. A report under Sections 420/409/467/468 Indian Penal Code was lodged on January 11, 1971 at police station Cannington, Allahabad, by the Registrar, High Court, Allahabad against the applicant. The allegations made in the report were that in First Appeal No. 385 of 1962, Swami Parmatma Nand v. Ramji Tripathi alias Swami Shanta Nand Saraswati. Swami Shanta Nand Saraswati pledged twenty National Defence Certificates Nos. G/O 315038 to G/O 315057 for Rs 5000/- each, amounting to Rs. 1,00,000/- in favour of the Registrar of the High Court in or about March 1964. These Certificates were kept in the Ragistrars safe on 24.3.1964. An entry about this fact was wade in a register maintained in the office of the Registrar.In April 1965, the counsel for Swami Shanta Nand Saraswati made a request for renewal of the Certificates at an enhanced rate of interest. Consequently, these Certificates were taken out of the safe on 23rd April, 1965, and handed over to S.K. Bose, Cashier, for renewal along with letter No.5696 dated 11th April, 1965. By this letter, the Post Master. Allahabad, was asked to renew those Certificates at the new rate and also to pledge them in the name of the Registrar after conversion.

(3.) On 26. 12.1970, the Post Master, Allahabad, informed the High Court that in pursuance of letter No. 7139 dated 18th May, 1965, from the Registrar fifteen National Defence Certificates were discharged on 19th May, 1965, and Sarvasri R. Das Dubey, Shanta Nand Saraswati, and Raghunandan Das made two purchase applications; one for Rs. 25000/and another for Rs.50,000/- on 19th May, 1965, through an authorised agent of Small Savings, that the new certificates were not pledged to the Registrar of the High Court and they were delivered to the aforesaid agent on the same date. The Post Master, Allahabad, further informed that National Defence Certificate No. G/O 315053 was discharged on 19th November, 1966, in pursuance of the letter dated 18th November, 1966, and its amount was paid to S.K. Bose. National Defence Certificate No. G/O 315054 was discharged on 14th November, 1967, in pursuance of Registrars letter dated 8th November, 1967, and its amount was also paid to S.K. nose. Similarly, the payment of National Defence Certificate No. G/O 315055 was made to S.K. Bose on 6.5.1966. The Post Master Allahabad, also informed the Registrar that the payment of National Defence. Certificate No. G/O 315056 had been made but was unable to intimate the name of the person to whom that was done. The only other National Defence Certificate that remained was G/O 315057, about which the High Court advised the Post Master, Allahabad, not to make the payment.