DEVENDRA PRASAD SINGH Vs. DEVENDRA PRASAD SINGH

JUDGEMENT

(1.) THE petitioner, the sole FIR named accused of Jamui P.S. Case No. 123 of 1991, G.R. No. 793 of 1991, through this application has prayed for the quashing of the entire proceeding arising therefrom including the order dated 22.11.1995 passed therein by the learned Chief Judicial Magistrate, Jamui, whereby he has taken cognizance for offences under Sections 419, 420, 467 and 409 IPC. The petitioner has further prayed for the quashing of the order dated 25.1.2000, whereby he has been declared an absconder.

(2.) THE Senior Regional Manager, Land Development Bank, Bhagalpur, impleaded herein as O.P. No. 2, gave a written report to the Officer Incharge, Jamui P.S. on 22.8.1991, inter alia, alleging therein that the sole accused, Devendra Pd. Singh, who at the relevant time was the Branch Manager of the Jamui Branch of the Land Development Bank, had committed forgery in the disbursement of loan to 138 farmers in the year 1987 - 88 and mis -appropriated a sum of Rs. 10,83,000/ - and in order to screen his overt acts he had concealed all the 138 files and when the farmers were approached it was learnt that the Branch Manager had committed irregularities in distribution of the loans. It was also alleged that Branch Manager happened to be the Incharge of the D.B. files and notwithstanding repeated demands he did not submit the 138 D.B. files either at the Headquarters or at the Branch office at Jamui and on being transferred he had left without handing over the files to the new Branch Manager Accordingly legal action against him was prayed for.

(3.) THE submission on behalf of the petitioner is that he had neither misappropriated any funds not the allegation of not handing over the D.B. files were correct. In this connection it was sought to be submitted that by memo dated 6.5.1988 of the Regional Manager, the petitioner was transferred from Jamui Branch to Patna and having been relieved was directed to give his joining at the Headquarters at Patna without availing of any transit leave and as such he had no occasion to prepare any inventory and hand over all the D.B. files to anyone as no Branch Manager had assumed charge from him. In this connection it was alleged that the transfer order of the petitioner was by way of punishment as he happened to be the General Secretary of the Employees Union and the people at the Headquarters were biased as he frequently raised voice against the administration on account of non fulfillment of certain grievances. It is also submitted that upon his joining at Patna he had made repeated requests to the authorities to take over charge of the D.B. files but his requests were not heeded and no body assumed charge of those files and it was eventually when a direction was issued by the Headquarters in 1993 for the incumbent Branch Manager at Jamui to take over the files that they were handed over, a photocopy of the charge report is appended with the application as annexure 4. However, no date of the transaction is inscribed therein.