REKIB AHMED @ REKUBUDDIN AHMED Vs. RAFIQUE AWAL

JUDGEMENT

(1.) Heard Mr. S Chamaria, learned counsel for the petitioner. None appears for the respondent.

(2.) By this application under Section 482 Cr.P.C., the petitioner has prayed for setting-aside the order dated 25.11.2011 passed in CR Case No.585/2011 whereby learned SDJM (M), Abhayapuri having taken cognizance issued process against the petitioner, as well as the proceeding in CR Case No.585/2011.

(3.) Mr. Chamaria relying on the decision of the Apex Court in Pepsi Food Limited and Anr v. Special Judicial Magistrate and Ors reported in (1998) 5 SCC 749 and Mahendra Singh Dhoni v. Yerraguntla Shyamsundar and Ors reported in AIR 2017 SC 2392 submits that learned Magistrate took cognizance against the petitioner under Sections 206/406/506 IPC without applying judicial mind and urged for setting aside the order of taking cognizance as well as the criminal proceeding itself. Further contention of the learned counsel is that the complaint case was initiated on the basis of certain information obtained by the complainant through RTI application, which were factually not correct. Referring to the additional affidavit of the petitioner and various documents annexed therewith, learned counsel submits, that though it was alleged in the complaint that the money allotted for Construction of Farmers Mechanical Training Center at Abhayapuri was misappropriated, in fact, such money was never misappropriated and therefore, criminal proceeding against the petitioner should be quashed inasmuch as, the documents produced by the petitioner will negate the allegation made in the complaint.