J. LALTHANGSEI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The case in FIR Case No.171(7)98 C.C.P. PS under Sections 409, 420, 468, 120B IPC and Section 13(2) of Prevention of Corruption Act is being sought to be quashed on the ground of denial of speedy justice to the petitioner infringing fundamental right as enshrined under Article 21 of the Constitution of India.

(2.) The case of the prosecution is that on 13.07.1998, the Director Treasuries and Accounts, Government of Manipur wrote a letter to the Treasury Officer, Churachandpur to make a complaint with the Station House Officer regarding fraudulent withdrawal of pension money from Churachandpur Treasury, as he found discrepancies of the amount between the advice figure and paid vouchers amount due to the manipulation/alteration/correction, resulted in a loss of Rs.25,772/- to the State exchequer. The complaint was to be made against (i) Shri T.Thenkholun, UDC (DA/Civil Pension) (ii) Shri Thangkhotinpao, Sweeper (DA/Despatch Pension); (iii) Shri Haopu (son of Ngamkhojang) peon and (iv) Shri J.Lalthang Sei, Peon-cum-Chowkidar worked as messenger of the Treasury Officer to the Bank and other unknown persons who were suspected to be involved with the fraudulent withdrawal and for taking up necessary action. Accordingly, on 16.07.1998, the Treasury Officer, Churachandpur lodged the FIR against (i) Shri T.Thenkholun, UDC (DA/Civil Pension) (ii) Shri Thangkhotinpao, Sweeper (DA/Despatch Pension); (iii) Shri Haopu (son of Ngamkhojang) peon and (iv) Shri J.Lalthang Sei, Peon-cum- Chowkidar for fraudulent withdrawal of an amount of Rs.25,772/-.

(3.) The case of the petitioner is that he is innocent and that he has been made victim by some unscrupulous person taking undue advantage of his being a peon. The relevant official records will show that he was never involved in the alleged crime. According to the petitioner, he has not been considered for his next higher promotion and his promotion was seriously affected due to the FIR.