BASANTA KUMAR MISHRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Heard Mr. R.J. Das, learned counsel for the petitioner, Mr. P. Borthakur, learned Additional Public Prosecutor for The respondent No. 1 and Ms. S.G. Baruah, learned counsel for the respondent No. 2.

(2.) The petitioner in this case is Basanta Kumar Mishra, who has filed an application under Sec. 482 of the Code of Criminal Procedure, 1973 (CrPC for short) with prayer for quashing the Charge Sheet No. 60/2018 dtd. 23/6/2018 in connection with Belsor Police Station Case No. 169/2017 under Ss. 406 of the Indian Penal Code, 1860 (IPC for short) and also for quashing the order dtd. 25/3/2019 passed in connection with PRC Case No. 281/2018 arising out of the aforementioned Belsor Police Station Case. An FIR (ejahar) was lodged by Sri Ranjit Mishra (Doloi) contending inter-alia that he is the present Doloi of Sri Bileswar Devalaya (Belsor). The Ex-Doloi Sri Basanta Kumar Mishra-petitioner herein had misappropriated an amount of Rs.20,98,722.57 (Rupees Twenty Lacs Ninety Eight Thousand Seven Hundred Twenty Two and Fifty Seven Paisa) during the period from 1/4/2013 to 1/4/2016. After submission of audit report by the C.A., Mr. Dipak Bajaj, a general meeting was held on 22/7/2017 in the premises of the Bileswar Devalaya and it was resolved in the said meeting to lodge an FIR against the petitioner. The informant Sri Ranjit Mishra (Doloi) is arrayed as respondent No. 2 and the State of Assam is arrayed as respondent No. 1 in this petition.

(3.) It is submitted by the petitioner that he was the Doloi of Sri Sri Bileswar Devalaya, Belsor, Nalbari (the Devalaya for short) from the period between 16/5/2013 to 16/9/2016 and he had performed his duty with utmost dedication and devotion. On 16/9/2016, a resolution was passed by the Devalaya trustees/members directing the petitioner to relinquish his duties as Doloi and immediately, he conceded to the resolution. His resignation was accepted by the Deputy Commissioner, Nalbari (DC for short).