K K VERMA Vs. STATE OF U P

JUDGEMENT

(1.) THIS appli cation has been moved by the applicant K.K. Verma with a prayer to quash the charge-sheet dated 11.9.2008 in case crime No. 245 of 2006, P.S. Civil Lines, District Meerut pending in the Court of learned A.C.J.M. Court No. 1 vide criminal case No. 884 of 2009.

(2.) THE facts in brief of this case are that the FIR of this case has been lodged by O.P. No. 2 Sri Shailendra Chaudhary, Sec retary, Meerut Development Authority, Meerut on 6.6.2008 at P.S. Civil Lines, Meerut in case crime No. 245 of 2008 under section 408 IPC alleging therein that the record including map of Anand Nirog Dham Hospital, Damodar Colony, Garh Road, Meerut was missing from the Meerut Development Authority. According to the office record the same map was received by the applicant who was the Record Keeper to the authority from Sri Madhukar, clerk on 10.10.2007. After lodging the FIR, it was investigated by the I.O. who collected the material during investigation and submit ted the charge- sheet dated 11.9.2008 against the applicant in the Court of learned A.C.J.M. Court No. 1 Meerut on which the learned Magistrate concerned has taken the cognizance and summoned the applicant to face the trial vide order dated 6.3.2009. Being aggrieved from the above mentioned charge-sheet the present application has been filed with a prayer to quash the charge-sheet by invoking the powers conferred under section 482 Cr.P.C.

(3.) IT is further contended that the of fence under section 408 IPC is not made out against the applicant as the applicant does not have any dominion over any property or there is no allegation of dishonesty or misappropriation of map file. The applicant has filed criminal Misc. Writ Petition No. 15771 of 2008 before this Court in which the arrest of the applicant was stayed during investigation. The statements of Sri Shailendra Chaudhary and Madhukar have been recorded under section 161 Cr.P.C. but according to their statements also no allegation is constituting the offence under section 408 IPC. IT is also surprising that in the present case the charge-sheet has been submitted without doing the fair and proper investigation, even the state ment of Sachin Agarwal, Junior Engineer was not recorded by the I.O. Therefore the charge-sheet submitted by the I.O. against the applicant may be quashed.