ADARSH KUMAR TRIPATHI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This writ petition has been filed for quashing the first information report dated 23-6-2005 in case crime No. 287 of 2005, under Sections 419/420/ 467/468/409, IPC, police station Kotwali, district Banda and for staying the arrest of the petitioner in the aforesaid case.

(2.) The first information report dated 23-6-2005, Annexure 5 to the writ petition alleges that the petitioner, who wag the Basic Shiksha Adhikari in Banda at the material time, in collusion with the then District Magistrate, Banda Shri Bijendra Singh, misappropriated funds of the World Bank Project from the amount of Rs. 61,55,000/-(rupees sixty one lakhs fifty five thousand), which were directed to be disbursed by the co-accused, the then District Magistrate, by not following the principle and criteria laid down for awarding contracts, by not taking material from firms on rate contract, by not obtaining samples of the purchased materials and by obtaining products of lower quality at higher rates, which remained lying in the departments' stores. This misappropriation was confirmed by an enquiry dated 6-6-2001 conducted by the Treasury Officer (TAG) Shri V. K. Verma, and on orders of the Additional Commissioner, Chitrakoot Dham, division Banda, dated 22-6-2005 a case was registered on the basis of a letter of the then President of the U. P. Prathmik Shikshak Sangh to the Additional Commissioner.

(3.) The principal ground taken by the learned counsel for the petitioner for quashing the aforesaid FIR was that earlier an application under Section 156(3), Cr.P.C. was moved by one Balwant Singh, Head Master Primary Pathshala, Jheel Ka Purwa, district Banda on 23-7-2001 and on that application the Chief Judicial Magistrate, Banda passed an order on 28-8-2001 directing the in-charge Inspector, Kotwali Nagar, Banda for registration and investigation of the case as a cognizable offence was disclosed. However, this order was set aside by the Additional Sessions Judge Fast Track Court No. 1, Banda vide order dated 5-7-2002 in Criminal Revision No. 131 of 2001. The learned Sessions Judge had held that no prima facie case of criminal breach of trust was disclosed against the petitioner as the amount had been received and disbursed by the petitioner on orders of the then District Magistrate, Banda, who had even constituted a committee headed by the Chief Treasury Officer, which had given a clean chit to the petitioner in April, 2001. The treasury officer claimed to have physically verified the items and certified their quality and according to learned Judge, permitting registration and investigation of the case would amount to harassment of the petitioner.