VINOD SMALTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The informant-Panna Lal Chauhan, made a complaint to the police regarding the construction of the building of GPS Moolshak Sub Tehsil Nerwa, District Shimla, H.P. He stated that he had found gross irregularities and financial embezzlement of Rs.1,70,000.00 in the construction of the building. Ample opportunities were given to deposit the amount, but the amount was not deposited; hence, it was requested that FIR be registered and the money be recovered. The police registered FIR No.62 on 17/12/2016 for the commission of an offence punishable under Sec. 409 of IPC and conducted the investigation.

(2.) Being aggrieved from the registration of the FIR, the petitioner filed the present petition, asserting that the matter between the parties has been settled. The dispute between the parties is civil. The money has been paid as per the affidavit executed by Bhim Singh Thakur, and nothing is to be recovered from the petitioner. No useful purpose would be served by continuing the proceedings; hence, it was prayed that the present petition be allowed and the FIR No. 62 of 2016 be quashed.

(3.) The State opposed the petition by filing a reply making a preliminary submission regarding lack of maintainability. It was asserted that the petitioner committed gross irregularities and financial embezzlement while constructing the school building. He withdrew Rs.6,00,000.00 and misappropriated Rs.1,70,000.00. He refunded Rs.1,70,000.00 in instalments through his salary; however, a prima facie case has been made out against the petitioner. The matter is pending in the Court of learned Judicial Magistrate, First Class, Chopal. He was liable to be proceeded departmentally for embezzlement/misappropriation of Government money, but no action was taken against him in view of the pendency of the criminal proceedings.