SANT PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is for quashing of the entire criminal prosecution including the order framing charge dt. 7-5-1970 by which the petitioner has been charged for the offence under S.409 of the Penal Code by Shri B.P. Sharma, Munsif Magistrate, 1st Class, Daltonganj in G.R. case No. 78 of 1969.

(2.) The allegation appears to be that the petitioner working as Head Clerk in the office of the Civil Surgeon had defalcated Rs. 34/-, Rs. 83.75 P and Rs. 70.12 P during the period between 1962 and 1966.

(3.) The first information report had been lodged on 22-1-1967. The charge-sheet had been submitted in the year 1969. After cognizance charge has been framed in the year 1970. Thereafter, not a single witness had been examined in the case. Ultimately after being much harassed and unable to tolerate the rigors of criminal prosecution, the petitioner took shelter before this Court by filing the present application for quashing of the entire prosecution.