ASHOK KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Hear Sri Shiv Nath Singh, learned Sr. Advocate assisted by Sri Surya Bhan Singh, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.

(2.) The present application has been filed with a prayer to quash the order dated 5.8.2019 passed by Chief Judicial Magistrate, Kannauj in Criminal Case No. 2523 of 2009 (C.N.R. No. U.P. KJ04-001826-2009) arising out of Case Crime No. 135 of 2003, under Sections 217, 201, 409 IPC, P.S. Kotwali Kannauj, District Kannuj and also quash the entire proceedings of aforesaid case.

(3.) It has been argued by the learned counsel for the applicant that the allegation made in the F.I.R. against the applicant is that file of case no. 158 of 1995 was not handed over by the accused-applicant to the next incumbent while handing over the charge and therefore he has committed an offence under Section 409 IPC. It is further argued that the said allegation is absolutely false case because the accused was transferred to different Tehsil on 21.8.2000 while the file which is said to have been not handed over by him was found to be missing on 9.5.2001 when he had already handed over the charge. It is next argued that according to the applicant the next incumbent might have lost the file of the said case and accused is absolutely innocent. He has no hand in loss of the said file. He has next argued that no allegation has been made of any financial gain out of it as no one had made complaint of that nature. No departmental enquiry was held against him hence the trial court's order is erroneous by which application for discharge has been rejected.