SITA RAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THIS is an application under Sec. 482 of the Code of Criminal Procedure filed by one Sita Ram Singh praying therein to set aside or and quash the entire criminal proceeding arising out of Jakkanpur P.S. Case No. 17/94 pending in trial No. 344/95 in the Court of Sri Awadhesh Kumar Mishra, J.M. 1st Class, Patna. Facts in brief are that the petitioner was working as Assistant in the Department of Agriculture (Plant Protection) on the relevant date. A F.I.R. against him was filed by an official of that department under Sec. 409. of the I.P.C. alleging therein that while the petitioner was handing over charge of his office on 26.6.1992, as per chart given in the complaint -petition, he had not handed over charge of cash and goods worth Rs. 24,283.65.00 which also included cash of a bit more than, Rs. 20,000.00 .

(3.) LEARNED Counsel for the petitioner has submitted that the petitioner, vide Annexure -2 series, through three receipts had deposited the entire amount on 30.4.1994 after which the Director of Agriculture, Bihar had written a letter dated 22.8.1994 (Annexure -3) addressed to Joint Director, Agriculture (Plant Protection), Bihar, Patna stating there in that since the petitioner had deposited the entire amount, he should be released, from suspension and the case against him should also be withdrawn. Learned Counsel has submitted that in view of this letter, the prosecution should not be allowed to continue as also in view of the fact that the entire amount was paid by the petitioner.