OM PRAKASH SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition is directed against the FIR dated 1-2-93 under section 467, 468, 419 and 420 IPC in Case Crime No. 69 of 1993 P. S. Kavi Nagar District Ghaziabad. The prayer is for quashing of the FIR and also for a writ of mandamus commanding; the respondent no. 2 not to arrest the petitioner in the above case Crime of P. S. Kavi Nagar District Ghaziabad.

(2.) THE learned counsel for the petitioner placed before us the FIR, photostat copy of which is annexed as Annexure 1 with the writ petition. THE informant of the FIR is Sri Chaman Singh, who is the Chairman of Ghaziabad Industrial Development Co-operative State Limited. Om Prakash s/o Sri Ram Chander r/o 115, Sahibabad, Ghaziabad was the honarary Secretary of the said co-operative Society since 27th November, 1987. It is said that serious financial irregularities were committed by said Om Prakash which were punishable as a conspiracy also. THE informant stated in the FIR that Om Prakash fictitiously attested the signatures. On 31-3-91 by resolution no. 4 of the Co-operative Societies aforesaid the pay scale of Secretary of the co-operative society was Rs. 100/- per month. THE accused person illegally withdrew one year salary amounting to Rs. 10,80j/- and thereby committed criminal breach of trust and embezzlement. In the receipt book of the cooperative Society, names of fictitious persons were shown. THE names and addresses of the person shown in the register numbers were imaginary and fictitious. THE accused person for his personal gain, embezzled huge amount of money and mis-appropriated them. Fictitious bills and receipts were got printed by the accused persons. THE out-going Secretary had got the fictitious forms etc. printed in the name of the society. THE names of the co-operative Society, members and their addresses of Rajasthan were fictitious. A list of fictitious names of forms namely Sri Raghu Raj Tractors Buldozer and India Tractor and similar 11 other names have been given in the FIR. It is said that clerk Deepa Mathur, Santosh Gupta had prepared the bills, vouchers on the form. THE petitioner Mohd. Yusuf was the real person getting the forgery made. THE forgery, irregularities etc. came to light after the super audit of the accounts of the co-operative Society.

(3.) THE learned counsel for the petitioner placed section 103 of the U. P. Co-operative Societies Act which is quoted as under :