ASHOK KUMAR SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure has been filed by the petitioner for quashment of the FIR bearing crime no. 493/2021 registered at Police Station Budhar, district Shahdol for the offences punishable under Ss. 409, 420, 467, 468 and 471 of the Indian Penal Code (for short "IPC" and other consequential proceedings arising thereof.

(2.) A brief recapitulation of the facts of the instant case is necessary. On 15/6/2021 the FIR in question has been got lodged by one Dilip Kumar Nigam, Block Education Officer, Block Budhar, District Shahdol, against the present petitioner, making allegations in writing that the present petitioner was posted as Block Education Officer at Budhar Block, District Shahdol from 2nd of June, 2014 till 3rd of February 2020 and during this period, besides departmental bank accounts, he had opened supposititious two additional bank accounts without prior approval of the authorities concerned in the name of Prabandhak Vyasayak Prakshishan Kendra, Budhar and another in the name of Block Education Officer, Budhar. He had transferred the funds from the original bank account to the accounts opened by him and had siphoned some amount of money from the same. Thus, the petitioner by opening the aforesaid bank accounts fraudulently committed cheating and forgery and also misappropriated the government funds to the tune of Rs.1,01,72,176.00. After inquiry into the matter, the FIR in question has been registered against the petitioner for the alleged offences.

(3.) By way of this petition, the petitioner has prayed for quashing of the FIR and other consequential proceedings arising thereof, inter alia on the grounds that he is in government service and presently he is holding the post of Lecturer. The entire allegations levelled against the petitioner is absolutely false, baseless and incorrect as the accounts were not opened in the private name of the petitioner rather the same were opened in the name of the government officials under the government seal only.