MUKESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under section 482 of the Criminal Procedure Code (hereinafter referred to as the Code) relates to quashment of First Information Report No. 74 dated 4-1-1978, recorded under Sections 409, 420 468 and 120B of the Indian Penal Code, at Police Station Kotwali, Patiala. In brief the facts relevant for the purpose of this case are, that the impugned FIR was lodged at the police station on the complaint made by the Depot Manager, Pepsu Roadways Transport Corporation. Patiala with the Senior Superintendent of Police, Patiala concerning embezzlement of 10,000/- litres of high speed diesel, valued at Rs. 13,398/- against the petitioner and others, including some employees of the said Corporation. The said embezzlement was committed on 4-1-1978. False entries with regard to purchases and supply said to have been made, were wrongly verified by the petitioner who was employed as Junior Auditor with the said Corporation, even though supply of 10,000 litres of high speed diesel was never poured in the diesel pump at Bus Stand, Patiala belonging to the said Corporation. Rather, the aforesaid quantity of diesel was sold elsewhere with the connivance of other officials of the suppliers. Similarly, invoice for receipt of the aforesaid 10,000 litres of high speed diesel was wrongly processed and wrongly checked by the present petitioner.

(2.) IN its reply, the State admitted the registration of the case against the petitioner and other co-accused. It was pleaded that the aforesaid case was investigated and untraced report was sent on 25.2.1983 due to non-availability of some record. Later on, some documents were traced and investigation was started again and the same is still pending.

(3.) FOR the foregoing reasons, the impugned FIR against the petitioner is directed to be quashed and this petition is accordingly allowed.