SANTIMOY CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Section 482 has been filed by one Santimoy Chatterjee against the State of West Bengal for quashing the proceedings of Balurghat P.S. Case No. 359/94 dated 6-10-1994 under Section 409, I.P.C. (State of West Bengal v. Santimoy Chatterjee) now pending before the Court of Sub-Divisional Judicial Magistrate, Balurghat. The case of the petitioner is as follows. The petitioner was posted as Administrative Officer, District Family Welfare Bureau, Dakshin Dinajpur under the Department of Health, Government of West Bengal in 1994. The abovementioned police case was instituted against him with the allegation that he in the said capacity as an administrative officer had drawn a sum of Rs. 10,000/- (Rupees Ten thousand) from the State Bank of India, Balurghat Branch out of the total deposit of Rs. 69,727/- (Rupees sixty-nine thousand seven hundred and twenty seven) standing in the Current Account in the name of the District Family Welfare Bureau on 27th July, 1994. But he deposited that amount to the chasier of the District Family Welfare Bureau on 13th August, 1994 and thus he kept the money with him without showing it in the official record and handled the cash irregularly for about 15 days. He also remained absent from office during that period. The matter was brought to the knowledge of the Chief Medical Officer of Health, Dakshin Dinajpur, Sabhadhipati Zilla Parisad and the District Magistrate, Dakshin Dinajpur and thereafter a departmental investigation was started by the Inspector of Account, Malda and Dakshin Dinajpur Zone and during this period he was taken into custody on 6-9-1994 in connection with the said Balurghat P.S. Case No. 359/94 dated 5-9-1994.

(2.) The contention of the petitioner is that the said FIR does not disclose the ingredients of the offences under S. 409, I.P.C. as alleged and there has been no misappropriation of any money as alleged by the petitioner and no offence has been committed by him as alleged and hence the initiation of the Criminal proceedings in question is bad in law and liable to be quashed.

(3.) The other part of the petitioner's case is that he was arrested by police in connection with this case on 6th October, 1994, but no chargesheet was filed by Investigating Agency within 3 years from the date of arrest and thereby the mandatory provisions of Section 167(5), Cr. P.C. have been violated and as a result the impugned proceedings which are still continuing became illegal and invalid on the date on which the period of 3 years from the date of his arrest expired and accordingly the criminal proceeding becomes liable to be quashed on that score also.