CHANDRA SHEKHAR MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD on admission.

(2.) THE applicant has preferred this petition under Section 482 of Cr.P.C. to quash the order dated 8.6.2010 passed by the Additional Sessions Judge, Burhanpur in Criminal Revision No.137/2009 by which the revision filed by the applicant against the order dated 14.9.2009 passed in Criminal Case No.359/2009 by the Chief Judicial Magistrate, Burhanpur was rejected. It is also prayed that entire proceeding of Criminal Case No.359/2009 may also be quashed.

(3.) AFTER considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, I am of the view that looking to the evidence in the case diary obtained by the Economic Offence Investigation Bureau, it would be clear that the applicant had forwarded the various bills of supply of electrical goods for payment, whereas no such electrical goods was found to be supplied, therefore his connivance is very well established with the Commissioner of particular Corporation. It would also be clear that vendor was benefited with payment of Rs.6,96,051/-, and therefore Municipal Corporation, Burhanpur lost the said sum. In such circumstances, prima facie the offences under Section 409 and 420 of IPC are very well established against the applicant, and therefore it is not a good case in which proceeding pending before the magisterial Court may be quashed. As far as application under Section 197 of Cr.P.C. filed by the applicant before the trial Court is concerned, both the Courts below have considered the factual position as well as the legal position in detailed. It is settled law of the Hon'ble Apex Court that in such cases the employee cannot get the shelter of provisions of Section 197 of Cr.P.C., because during the public duty, he is not supposed to do any cheating or breach of trust from the institution itself, and therefore such type of offence does not come within the purview of the public duty. In such circumstances, both the Courts below have rightly rejected the application under Section 197 of Cr.P.C. filed by the applicant. On the basis of aforesaid discussion, it would be clear that both the points raised by learned counsel for the applicant before this Court cannot be accepted, and therefore the present petition under Section 482 of Cr.P.C. deserves to be dismissed. Consequently, it is dismissed at this stage.