SULTAN MAHMOOD Vs. STATE OF J & K

JUDGEMENT

(1.) Through the instant petition filed under Sec. 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C) petitioner seeks quashment of FIR No. 167/2017 dtd. 10/9/2017 registered with Police Station, Mendhar against the petitioner for commission of offences under Sec. 409 and 109 RPC as also seeks quashment of proceedings/investigation being conducted against him.

(2.) The petitioner has challenged the impugned FIR No. 167/2017 on the grounds that petitioner being under-matric and being in dire need of employment, came to be appointed as Chowkidar on consolidated basis in the office of J&K State Board of School Education Branch Office, Mendhar vide order dtd. 30/7/2011 for 89 days. It is stated that petitioner in compliance of the aforesaid order started performing his duties with utmost dedication. The J&K Board of School Education, Jammu vide different orders issued from time to time extended the period of employment of the petitioner and since August, 2011 until 6/9/2017, the petitioner has served the respondents regularly and without any interruption and break. It is further stated that job assigned to the petitioner was that of Chowkidar only and he was responsible for watch and ward duty only and except this job of Chowkidar no other work was assigned to the petitioner.

(3.) Learned counsel for the petitioner states that a case of embezzlement/misappropriation of receipts/funds of J&K Board of School Education Branch office, Mendhar by the officials of the Board, Branch office, Mendhar was surfaced. It is stated that the permanent officials at the helm of affairs at J&K BOSE Branch Office, Mendhar in order to shield themselves got the petitioner involved in the case of embezzlement/misappropriation of funds/receipts of the Board notwithstanding the fact that he does not have any role of any sort in the entire transaction as he was merely a Chowkidar and performing his duties of Chowkidar only and not beyond that. It is further stated that Joint Secretary, Administration/legal (JD) of J&K Board of School Education, Jammu filed a written complaint with the Police Station, Mendhar alleging that embezzlement/misappropriation of money worth lacs of rupees has been done by the petitioner and further that petitioner is alleged to have deposited Rs.10,39,615.00 in the A/C No. 17132 of the J&K BOSE maintained with J&K Bank Ltd. Branch Mendhar on 30/8/2017. Police registered FIR No.167/2017 for commission of offences under Sec. 409 and 109 RPC against the petitioner. It is stated that petitioner is nowhere connected with the offence and he has been illegally involved in the offence.