SADANAND RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri Basant Kumar Choudhary, learned senior counsel, who was assisted by Shri Arvind Kumar, learned counsel for the petitioner and Shri Arun Kumar Pandey, learned Additional Public Prosecutor.

(2.) The petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of criminal proceeding, which has been initiated after lodging of the FIR The petitioner, in some and substance, has prayed for quashing of FIR registered on an allegation of mis-appropriation of Government fund to the tune of Rs. 14,15,411.50/-. On the basis of written report of Divisional Forest Officer, Saharsa, an FIR vide Udakishunganj P.S. Case No. 10 of 2011 was registered for the offence under Sections 406 and 409 of the Indian Penal Code against the petitioner and thereafter, the present petition was filed for quashing of the same. Of course in the prayer portion, the petitioner has prayed for quashing of criminal proceeding, but fact remins that investigation is still continuing and as such it cannot be said that any criminal proceeding is pending against him.

(3.) Shri Basant Kumar Choudhary, learned senior counsel for the petitioner basing on averments made in the petition as well as on the basis of averment made in the supplementary affidavit, has argued that the petitioner has been made accused as per instance of Conservator of Forest namely, Shri U.S. Jha. It was submitted that earlier petitioner had filed complaint against Shri U.S. Jha, while he was posted as Divisional Forest Officer and only when Shri U.S. Jha became Conservator of Forest he got number of criminal cases instituted against this petitioner and as such primarily the present case is liable to be set aside on the ground of malice. It has also been argued that the petitioner was put under suspension also and subsequently, petitioner filed representation before the National Human Rights Commission and by intervention of the commission, his suspension order was revoked. Shri Choudhary has argued that on the basis of materials on record no case is made out.