BRAHMA PAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner for the relief of quashing of FIR of case crime number 564 of 2005 under Sections 409, 420, 467, 468, 471' IPC, Police Station Chhaprauli District Baghpat through a writ order for direction in the nature of Certiorari along with the prayer in the nature of mandamus for stay of his arrest in the aforesaid crime number.

(2.) We have heard Sri B. Mallik, learned Counsel for the petitioner at a great length and the learned AGA in opposition and have gone through the writ petition and annexures appended thereto.

(3.) The impugned FIR in this case was lodged on 7/12/2005 at police station Chhaprauli District Baghpat by Harendra Singh Pangai. Assistant Block Development Officer Co-Operative) Chhaparauli District Baghpat with the allegations inter alia, that Krishak Sewa Sahkri samu Limited Adarsh Nagala is a registered society under the Co- Operative "Societies Act 1965 with it's office at Adarsha Nagala within the police circle of PS Chhaprauli district Baghpat. The said society is manning a Mini Bank since 1988 Richpal Singh is the incharge of the said bank since 1993. Vide letter dated 2.3,2005 a committee was constituted by Secretary/ Managing Director District Co-Operative Bank Limited Meerut to inquire into the working irregularities of the bank as the balance sheet and other important documents were not being prepared ignoring the departmental instructions. The report of the said inquiry committee dated 22/11/2005 indicated that, prima facie, Rich Pal Singh, Incharge Mini bank has embezzled, from various head of accounts, an amount to tune of Rs. 18,09,445.00 ( Rs. 'Eighteen Lac nine thousand four hundred and forty five) till 22/11/2005 under the patronage of different Secretaries including the petitioner who is presently working as Secretary/ Managing Director, Co-Operative Societies, Barauli, Baghpat. The said Rich pal Singh has absconded with the record of squandered money. The fraud and fabrication of documents have been committed inter alia by preparation of forged fixed term deposits by forging the signature of the secretary, by tampering with the savings bank accounts of account holders, by forged grant of loans etc After the inquiry report the impugned FIR was lodged, the quashing of which is sought, through this writ petition.