DINESH KAUSHAL Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner has filed this petition under section 482 of CrPC for quashing the FIR registered against the petitioner at Crime No.75/11 for commission of offences punishable under sections 406, 409 and 420/34 of IPC and the charge-sheet pending before learned Judicial Magistrate First Class, Vidisha.

(2.) Learned counsel for the petitioner has submitted that the report has been lodged against the petitioner, B.B. Jain, Avinash Gautam and Kishan Singh in respect of a generator which was supplied by the Civil Hospital, Vidisha of which the petitioner was Chief Medical and Health Officer a the relevant time.

(3.) Learned counsel for the petitioner has submitted that the role of petitioner is only for sending the generator to the Director, Health Services, Bhopal in compliance of his letter dated 9.4.2001 and there is ample evidence that the generator was received by the storekeeper of Joint Director, Health Services, Bhopal, therefore, the petitioner who has only complied the order of higher authority and who is not indulged in committing any breach of trust as generator was handed over to the storekeeper of Joint Director, Health Services, Bhopal, no case is made out against the petitioner.