SHAILENDRA GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned APP for the State.

(2.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 14.12.2017 passed by learned Chief Judicial Magistrate, Sheikhpura in Barbigha P.S. Case No. 405 of 2016 whereby the learned Magistrate took cognizance of the offence against the petitioner under Section 409 of the Indian Penal Code.

(3.) Factual matrix of the case is that Barbigha P.S. Case No. 405 of 2016 was instituted under Section 409 of the Indian Penal Code against the petitioner on the basis of the written report dated 25.10.2016 filed by Raghvendra Kumar, B.D.O., Barbigha with the allegation in succinct that the petitioner Shailendra Gupta was the incharge of Nazarat in Block Office Barbigha from 06.01.2012 to 12.07.2015. During the aforesaid period, he has spent the amount of Social Security Pension Scheme for the year 2012-13 and 2013-14 but till date he has neither submitted any bill of expenditure nor the statement regarding remaining amount thereby committed financial irregularities and misappropriation. Presently he is working as Nazir at Block Office Ariyari.