S M TALHA SAJID Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner/accused has filed instant petition with a prayer for quashing of First Information Report of Araria RS. Case No. 481 of 2010.

(2.) Supcinctly, the case of the prosecution which originates on the basis of self statement of Ram Shankar Singh, O/C of Araria P.S. recorded on 15.11.2010 disclosing therein that he had received letter from S.P. Araria vide Memo No. 4223 dated 01.11.2010, after perusal of which he came to know that during course of supervision of other cases by S.P., S.P. came to know that petitioner S.M. Talha Sajid, the then Deputy Development Commissioner, Araria had directed vide letter no. 1726 dated 02.12.2000 addressed to Block Development Officer, Palasi for depositing the amount allotted against Indira Awas Yojna in Dehti PACS in violation to the Government Circular as a result of which the incumbents could not got the amount.

(3.) Contention on behalf of the petitioner is that registration of the case happens to be result of incompetency of the S.P. because of the fact that there has been no allegation of misappropriation of Government money at the hands of petitioner. Also submitted that neither the S.P. nor the informant had tried to see the relevant Government's Circular by which the PACS have been allowed to function as a Bank. Further failed to go through the decision of the Government directing the concerned officials to deposit the amount in PACS for the welfare of the PACS. Further failed to acknowledge that Dehti PACS has been identified apart from others to function as a Bank and being a Government Servant, it was expected at his end to obey the direction of the Government, therefore, he had directed the Block Development Officer to deposit the amount authorizing him to operate the account according to requirement (Annexure-2, 3, 4, 5). The aforesaid event have also been incorporated under paragraphs-4, 5, 6, 7, 8 of the writ petition. So submitted that taking into account the averments of the self statement of informant, no offence what to talk about the Sections 406, 420, 120B of the IPC whereunder case has been registered is made out. As such, presence of FIR followed with investigation will serve no fruitful purpose. Hence, the same is liable to be quashed.