(1.) The applicant has filed this petition under Section 482 of the Cr.P.C. for quashment of FIR of Crime No. 195/2014 for the offence punishable under Sections 409, 420 and 120B/34 of the IPC.
(2.) Facts giving rise to this petition, in short, are that the Chief Executive Officer, Janpad Panchayat Majhgawan, District Satna-respondent No. 2 sent a written complaint dated 08.12.2014 alleging therein that in the duration between 2006 to 2010 in the Village Panchayat there was a defalcation of Rs.32,27,287/- in the various field of work allotted to the Village Panchayat Jhari (Nakaila). At that time Ramyash Sharma was Sarpanch of the Village Panchayat. Chandrika Prasad Dwivedi, Jaypal Kerketta and applicant-Awdhesh Singh were posted in that Janpad. At that time they were duty bound to look after the work done in the Village Panchayat Jhari (Nakaila), but all the persons with common intention to defalcate the aforesaid money. The inquiry conducted by a group B.L. Gupta, Sub Engineer, Janpad Panchayat, Nagod, D.P. Tiwari, Assistant Project Manager, Janpad Panchayat Majhgawan and T.N. Pandey, Assistant Engineer, Janpad Panchayat, Sohawal and submitted its report to the Executive Engineer. On the basis of a written report, Police Station Majhgawan, District Satna lodged an FIR and registered Crime No. 195/2014 for the offence punishable under Section 409/34 of the IPC against the applicant.
(3.) Being aggrieved by that registration of FIR and Crime Number, applicant filed this petition for quashment of FIR on the ground that Lokayukta and Tehsildar, Majhgawan, District Satna conducted the inquiry and found the complaint false and fictitious. Without proper verification of matter, respondent No. 2 leveled the allegation of embezzlement against the applicant. In the various inquiries report submitted by the authority, time and again nothing were found against the petitioner. There is no solitary evidence of the allegation against the applicant. FIR based on mere surmises and conjecture. The applicant had also filed Writ Petition No. 18780/2014. In this writ petition, this Court passed an order dated 16.12.2014 and issued an interim direction for not taking any coercive action against the applicant. Prima facie, the offences as alleged against the applicant are quite not made out. The applicant is having no concerned with the alleged offences. In such circumstances prays to quash the FIR and discharge the applicant.