RAKESH KUMAR Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) ORDER :- Petitioner has preferred this petition under Section 561-A, Cr. P. C. invoking inherent powers of this Court for quashing FIR No. 41/1994 registered with the Police Station Crime Branch, Jammu under Sections 409, 420 and 477, R.P.C. against the petitioner, on the ground that he has not misappropriated or embezzled the money and the allegations in the complaint do not constitute any cognizable offence justifying the registration or the F.I.R.

(2.) A brief resume of the case, as per the petition of the petitioner, is that the petitioner was recruited as Manager or Co-operative Marketing Society in the year 1982 and has been discharging his duties honestly and with full dedication which was a sore in the eyes of respondent No. 4, namely Mr. K. R. Pacha, Addl. Registrar Co-operative Society, Jammu and he placed the petitioner under suspension under his order No. Adm/247/51 dt. 16-6-1993 on the allegations that the petitioner has misappropriated the funds of the society which is reported by the respondent No. 5, Dy. Registrar Co-operative Societies, Rajouri. Petitioner has preferred a revision before the J. and K. Special Tribunal against the order of suspension passed by the respondent No. 4 and the suspension order has been kept in abeyance by the Tribunal by an order dt. 25-6-1993 and ultimately the petitioner was reinstated by the intervention of the Tribunal in a contempt petition. The petitioner has alleged that because of his reinstatement, respondents Nos. 4 and 5 were frustrated and with mala fide intention involved him in a false and frivolous case wherein FIR No. 41 of 1995 came to be registered against him on 31-10-1994.

(3.) I have heard the learned counsel for the parties and perused the record of the file.