CHANDRA KETU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER has preferred this writ application for quashing the entire criminal proceeding bearing Trial No. 1055 of 2000 (R.R. No. 1473 of 1967) arising out of Chapra Town P. S. Case No. 23 (7) of 1967 under section 409 of the Indian Penal Code.

(2.) SHORN of unnecessary details, facts giving rise to the present writ application are that during the relevant time i.e. between 20.7.1959 to 8.4.1965, petitioner was posted as Head Clerk -cum - Accountant in the District Panchayat Office at Chapra. According to the prosecution, he received a sum of Rs. 2234.50 from the District Nazarat, Chapra but did not deposit the said amount in the Bank. Accordingly, allegation against the petitioner is of misappropriation of the said amount. Report to the incident was given to the police in the year 1967. From the record, it appears that the case was fixed for judgment on 6.9.1986 but since the report of the hand -writing expert (Ext. 3) was not on the record, the judgment could not be delivered.

(3.) THIS writ application came up for consideration earlier on 8.11.2001. On the said date, this Court directed as follows: