MANGILAL BOREWAL Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been preferred under Section 482 of Cr.P.C. for quashing the FIR registered at Crime No.405/2009, for the offence punishable under Sections 477(A), 409, 420, 467, 471 and 120-B of IPC at Police Station Sheopur.

(2.) Brief facts of the petition are that on 14.10.2009, District Election Officer, Sheopur has made a written complaint to the effect that the petitioner Magilal Borewal the then Deputy Collector and other co-accused R.K. Sharma and Jugal Kishore who were posted at District Election Office, Branch Sheopur, from 01.05.2004 to 01.08.2006, the petitioner and the co-accused have manipulated the cash book by reducing the running balance and committed embezzlement of Rs.14,32,095/-. On the basis of the report Crime No.405/2009 for the offence punishable under Section 477(A), 409, 420, 467, 471 & 120-B of IPC has been registered against the petitioner.

(3.) Learned counsel for petitioner submits that the petitioner is not involved directly or indirectly in the alleged commission of offence. Coaccused R.K. Sharma and Jugal Kishore Raikwar were responsible for maintaining the cash book. The cash book was being verified by Babulal Arya and after finding the entries correct the note regarding verification was being made. Thereafter cash book was presented before the petitioner. Thereafter petitioner used to put his signature. Thus, petitioner is not involved at all in the alleged act of embezzlement. Co-accused R.K. Sharma was also posted at Janpad Panchayat Roun, District Bhind as Accountant prior to his posting at Sheopur. R.K. Sharma has also committed similar offence at Bhind and the case under Sections 420, 467, 468 of IPC was registered against R.K. Sharma. Prima facie, case is not made out against the petitioner, therefore, it is prayed that the FIR registered against the petitioner be quashed.