PRANAV GANDOTRA Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) This is a petition under Section 561-A Code of Criminal Procedure, Svt. 1989 (for short, the Code) whereby petitioner (accused) invokes inherent jurisdiction of this Court to quash First Information Report (FIR) No. 21/2018 dated 18.07.2018 registered against him with Police Station, Vigilance Organization, Jammu (VOJ) for offence under Section 5(1)(c), 5(1)(d) read with Section 5(2) Prevention of Corruption Act, Svt. 2006 (for short, the Act).

(2.) Heard Mr. B. S. Salathia, learned Senior Advocate, appearing on behalf of the petitioner and Mr. Raman Sharma, learned Dy.A.G, appearing on behalf of the State.

(3.) The impugned F.I.R reveals that the petitioner, while posted as the Incharge Tehsil Supply Officer (TSO) Consumer Affairs & Public Distribution, Rajouri and Kalakote, received an amount of Rs.81, 20,914 from the Assistant Director, CAPD Department, Rajouri. This amount was meant for payment to the private ration dealers on account of handling charges payable to them. The amount was received by the petitioner through two official cheques, one bearing No. 132004 dated 03.06.2015 valuing Rs.39, 56,094 and the other bearing No. 132014 dated 10.06.2015 valuing Rs. 41, 64,820. The VOJ received a complaint from one Mohd. Zaffar that the petitioner has disbursed less amount to the private dealers and has wrongly withdrawn the remaining amount from the Treasury. The VOJ took up verification on this complaint. The verification conducted in respect of four ration dealers revealed that amount to the tune of Rs. 2, 92,600 was misappropriated by the petitioner. It was found that the petitioner in misuse of his official position reflected payment of the whole amount to a dealer in the office record but credited lesser amount to his Bank Account and thereby misappropriated the remaining amount.