JASBIR SINGH VIRK Vs. KISHORE KR BHATTACHARJEE

JUDGEMENT

(1.) Heard Mr N. Islam, learned counsel for the petitioner and Mr N. Dhar, learned counsel for the respondent.

(2.) In this application under Section 482 Cr.P.C. the petitioner has prayed for quashing of the complaint in Criminal Case No. 100 of 2002 pending in the Court of the learned Chief Judicial Magistrate, Cachar, Silchar. The respondent complainant Kishore Kumar Bhattacharjee filed a complaint against the petitioner Col. (Retd.) Jasbir Singh Virk alleging, inter alia, that the petitioner by filing a false application with false statement has obtained the appointment to the post of Principal, Regional Engineering College, Silchar and thereafter he has committed certain acts of misappropriation etc. etc. The trial Court vide the order dated 24.4.2002 took cognizance of the offence under Sections 153A, 409, 417, 420, 463, 468, 477A of the IPC and issued process. Hence, the present application for quashing.

(3.) The first statement of the learned counsel for the petitioner is that the respondent complainant has no locus to file the present complaint. The complainant claims that a public committee was constituted in a public meeting, wherein he was appointed as a Secretary and on examination of the entire matter he has filed the present application in public interest. On perusal of the impugned order we find that the learned trial Magistrate has examined the question of locus and relying on the decision of the Apex Court in the case of A.R.Antulay-Vs-R.S.Nayak, AIR 1984 SC 718 and in the case of Shew Nandan Paswan-Vs-State of Bihar, AIR 1987 SC 877, the Apex Court held that the complaint cannot be thrown out on the ground of locus. In the case of A.R. Antulay (Supra) the Apex Court held: