DHARAMPAL Vs. RAM PAL

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) for quashing of criminal complaint No.RBT/209/09 dated 26.5.2005 (Annexure P-4) ; summoning order dated 16.5.2011 (Annexure P-8) and all the subsequent proceedings arising therefrom.

(2.) Respondent has filed the complaint in question (Annexure P-4) against the petitioner under Sections 409, 467, 468, 471, 420 of the Indian Penal Code, 1860 (IPC for short) with regard to embezzlement made by the petitioner during the period he remained a sarpanch of gram panchayat, Bhagwanpur from April, 1992 to April, 2000.

(3.) The trial Court sought the report from the police under Section 202 Cr.P.C. The said report has been placed on record as Annexure P-6. A perusal of the said report reveals that at that time no recovery was liable to be effected from the petitioner as the amount liable to be recovered from him had already been deposited by the petitioner in the panchayat account. As per the said report, a case qua the same dispute was also pending before the Deputy Commissioner.