SRIKANT SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) This is an application under section 482 Cr. P.C. This applicant was an employee of the State Agriculture Department in the State of Uttar Pradesh in the year 1968-69 and was posted as the Assistant Agriculture Inspector at Kerakat Seed Store in District Jaunpur.

(2.) On 20th June, 1972, a First Information Report was lodged against the applicant in respect of misappropriation of a sum of Rs. 1,49,449.50 p. The case against the applicant was under section 409, Cr. P.C. After the First Information Report was registered, the case was transferred to the C.I.D. (Agriculture) for investigation in August, 1973. The C.I.D. (Agriculture) completed the investigation in the year 1975 and it was reported that a sum of over Rs. 1,00,000/- was embezzled by the applicant. The C.I.D. (Agriculture) further submitted many documents 10 support of their report. Ultimately, on 8th September, 1976, a charge sheet was submitted before the Judicial Magistrate, Jaunpur. This was registered by the Judicial Magistrate. The Judicial Magistrate summoned the applicant for 30th May, 1977, by an order dated 21st February, 1977. It appears, thereafter, that nobody appeared on behalf of the prosecution for a number of dates and, ultimately, on 15th Feb. 1980, the Judicial Magistrate passed the following order Accused present. None responds for prosecution. The case is pending since 1977. Even charge could not be framed against the accused. In-spite of issuing N.B. warrant and process u/ss. 82/83, Cr. P.C., none turned up for prosecution. There is no other alternative, but to consign the file. Let the tile be consigned with the direction that whenever the prosecution desire, the case can be restored.

(3.) On 17th May, 1980, the prosecution filed an application with the request that the case be reopened and the accused be summoned for trial. On 27th November, 1980, the application for restoration came up before the Magistrate for orders and he passed the following order Case called out. Accused present. None responds for prosecution, C.I.D, Agriculture Cell, Hence the application dated 17-5-1980 for restoration of the case is dismissed. Accordingly, the file be consigned.