RAIHANUL MERAJ Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Ahmed, learned counsel for the petitioner and Mr. T. N. Mishra, learned Addl. Public prosecutor for State respondent No. 1. None appeared for the respondent No. 2, although notice was duly served on 04.02.2017.

(2.) By this petition under Section 482 Cr.P.C., the petitioner has prayed for quashing of Samaguri P.S. Case No. 607/2016 (corresponding to G.R. Case No. 1009/2016) under Section 420 IPC.

(3.) The petitioner's case, in a nut-shell, is that he is the elected President of Kanumari Gaon Panchayat, under Bajiagaon Development Block, Nagaon district. On 09.11.2016, the respondent No. 2 lodged an F.I.R. before the Officer in-Charge of Samaguri P.S. alleging that in the year 2012-13, one IAY house was allotted in favour of his wife, but not a single penny of the allotted fund has been received against ID No. AS 13 100 055 002 17544. After receipt of the F.I.R., the said Samaguri P.S. case has been registered and investigation is on. According to the petitioner, the allegation of misappropriation of allotted fund is not based on truth in asmuch as the wife of the respondent No. 2 and the actual beneficiary is not the same person and the actual beneficiary had already received the amount of IAY house, which is based on record.