ARUN KUMAR BOSE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The revisional application has been tiled to quash the proceeding pending before the Ld. Sub Divisional Judicial Magistrate, Howrah, arising out of Golabari Police Station Case No. 424 of 1991 under Ss. 406 and 420, IPC being C.S. No. 238 dated 3-12-1994 arising out of an FIR dated 5-10-91.

(2.) The case of the petitioner in short is that one time he was posted at District Fishery Officer, Howrah under the Department of Fishery, Government of West Bengal. From 1-12-86 to 5-5-90 following which he was transferred to 24-Parganas (South) in the same capacity. The complainant being the counterpart of the petitioner took over charge of the office of District Fishery Officer at Howrah. At the time of making over and taking over charge, no discrepancy was detected and the charge was taken by the complainant without any reservation.

(3.) On 5-10-1981 a written complaint was filed giving rise to the instant P. Case where it has been stated that as per the report of the Audit with regard to period from 1-1-89 to 31-3-91, there was a discrepancy amounting to defalcation of Government money to the extent of Rs. 9,12,383. It is also the petitioner's case that during the material point of time he was suffering from Hepatitis of serious nature and was advised bed rest for three (3) months. He wanted to go on leave but the same was not allowed but he was asked to discharge his duties from the sick bed. Accordingly, he used to work from his sick bed and issued cheques. After the same was verified by the concerned officer of the said office and cleared on the basis of joint signatures of the petitioner and the cashier, there were some payments with regard to construction of fishermen's huts and reclamation of tanks and such payments were made on the basis of certificates and recommendations made by the Engineering staff. The cheques are prepared and submitted to the petitioner as head of the office where upon he signed the same and they used to be encashed by the Accountant-cum-Cashier following which payments were made. It is also his case that after he was advised to attend the office he checked all the accounts and submitted the same to the Audit Party and remarks made by later were explained and the Audit party was satisfied. In spite of that a complaint was tiled out of grudge. The petitioner has raised the provisions of S. 167(5) Cr. P.C. and it has been averred in the petition that investigation was not concluded within the period of two years from the date of apprehension of the accused petitioner and as such the investigation ought to have been stopped.