UDHAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These ten criminal revision petitions (Cr. Revisions No. 60 of 1999 and 68 to 76 of 1999) are being disposed of by a common judgment as these arise out of an identical order dated 6-4-1999, though passed separately in all these criminal cases by the Additional Chief Judicial Magistrate Hamirpur, whereby the application under Section 321, Cr.P.C. of Assistant Public Prosecutor was allowed and consent of the Court was granted to withdraw from the prosecution of respondents 2 to 4 as a consequence whereof respondents 2 to 4 were discharged in those criminal cases. The petitioner is aggrieved by the impugned order dated 6-4-1999 as it was on his complaint that FIR No. 137 of 1996 was registered in Police Station, Hamirpur out of which the said criminal cases had arisen. The petitioner is also a former Vice President of Gasota Agricultural Cooperative Society Gasota. Tehsil and District Hamirpur (hereinafter referred to as 'the Society').

(2.) The brief facts of the case are that on 4-6-1996 the petitioner filed complaint to the Assistant Registrar, Co-operative Societies, Hamirpur alleging some irregularities in the accounts of the Society and misappropriation of its funds to the extent of Rs. 295.00 by respondent Pirthi Singh, former Secretary of the Society. The Assistant Registrar, Corporative Societies forwarded the complaint to the Superintendent of Police, Hamirpur vide his letter dated 5-6-1996 who endorsed it to Station House Officer, Police Station, Hamirpur on 6-6-1996 for legal action and report. In pursuance of the complaint of the petitioner the Inspector Cooperative Societies, Hamirpur conducted special audit of the Society for the period 1-7-1973 to 31-3-1995 and sent his report to the Superintendent of Police, Hamirpur on 1-7-1996 alleging that an amount of Rs. 37,348.00 was misused and misappropriated by respondent Pirthi Singh and others. This report was made basis for registering FIR No. 137 of 1996 under Sections 408, 420 and 468 read with Section 34, IPC in Police Station, Hamirpur. After the investigation, Ten challans were put up against respondents 2 and 3 for the incident of misappropriation alleged to have been committed during ten financial years in the Court of the Additional Chief Judicial Magistrate, Hamirpur, who issued summons to the respondents vide his order dated 19-9-1998.

(3.) Before the respondent could be served the Assistant Public Prosecutor conducting the criminal cases on behalf of the State of Himachal Pradesh filed separate but identical applications under Section 321, Cr. P.C. in all the Ten criminal cases. The application were contested by the petitioner complainant by filing the objections to which reply(s) was also filed by respondents 2 to 4. After hearing the Assistant Public Prosecutor, respondents 2 to 4 and the petitioner complainant, the Additional Chief Judicial Magistrate allowed the application and granted the consent of the Court to withdraw from the prosecution of respondents 2 to 4 in all Ten criminal cases by the impugned order. The reasons for withdrawing from prosecution as given in the application were as under :-