KISHORE KUMAR SINGH Vs. STATE OF U.P

JUDGEMENT

(1.) The present petition has been filed seeking the quashing of the criminal proceedings of Case No.39 of 2013 (State Vs. Kishore Kumar Singh and others) arising out of Case Crime no.1481 of 2010 under Section 3(i) U.P. Gangster and Anti-social Activities (Prevention) Act, 1986, P.S. Kotwali, District Unnao, pending in the Court of Special Judge, Gangsters Act District Unnao, the petitioner has also challenged the summoning order dated 8.7.2013 as well as the impugned charge sheet contained as Annexure nos.1 and 2 to the petition.

(2.) The petitioner was working as Gram Panchayat Officer in District Unnao and was a Government servant. In the year 2010 a first information report was lodged as Case Crime No.981 of 2010 under Section 409, 419, 420 IPC. P.S. Barasagwar District Unnao by Assistant Supervisor, Block Sumerpur District Unnao, a copy of the said first information report is on record as Annexure No.3 to the application.

(3.) A perusal of the first information report in question reveals that allegations against the applicant were that in terms of the instructions received from the District Magistrate, Unnao vide his letter No.371/Panachayat/PSC dated 21.7.2010 and the letter of the Block Development Officer, Sumerpur, Unnao being letter No. Inquiry/2010 dated 2.6.2010, steps be taken against the guilty persons for punishment and for recovery of the money alleged to have been siphoned by the three accused persons, including the applicant before this Court. The first information report in question named as many as nine cases of development works carried out during tenure of the applicant in which it was alleged that various amounts have been misused/ siphoned off.