MOHAN BAG Vs. STATE OF HP

JUDGEMENT

(1.) PETITIONER is an accused in Criminal Case No.198 -II of 2008, State versus Mohan Bagh, pending in the Court of learned Sub Divisional Judicial Magistrate, Rampur Bushahr, under Sections 409, 420, 466, 467, 468 and 471 of the Indian Penal Code. The said case was fixed for consideration of charge. In the meantime, instant petition has been filed and the trial Courts record was called for by this Court in this petition filed under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India by the accused/ petitioner for quashing the FIR and criminal proceedings arising therefrom.

(2.) PRECISELY , the facts giving rise to the present petition can be stated thus. In the year 2000 the petitioner was Deputy Manager (Vigilance) and his colleague Shri A.K. Singh was Manager (I.A.) in Nathpa Jhakri Power Corporation Limited (NJPC). During the posting at Jhakri the petitioner was issued a still Camera Model 505 Canon - valuing about Rs.29,000/ - to perform his official duty, which according to the petitioner was kept in the official vehicle on 25th April, 2000 parked in front of his office between 7.00 pm to 8.15 p.m. alongwith some loose photographs of Project activities and seven video cassettes, but it was found missing. On 26th April, 2000, he informed the then Station House Officer, Police Station, Jhakri, in writing. It is an admitted case that on the next day, i.e., 27th April, 2000, the police issued a public notice that in case some one finds the aforesaid articles, they should deposit it with the Police Station. Police did not find any clue.

(3.) ON 5th August, 2000, the petitioner sent a letter to his Department to write -off the still Camera - and seven used video cassettes in view of the position explained in his letter and attached the certificate of the Station House Officer.