RAM AVTAR VIJAY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this Criminal Misc. Petition filed under Section 482 of the Code of Criminal Procedure, the petitioners, accused herein, have sought quashment of criminal proceedings in Criminal Case No. 162/06 (185/89) arising out of FIR No. 138/87 registered at Police Station Nayapura, Kota for offence under Section 409 IPC pending before the Court of Additional Chief Judicial Magistrate No. 3, Kota. Briefly stated, facts of the case relevant for the purpose of disposal of the present petition, are that the petitioners Ramavtar Vijay and Bal Mukund Shringi were posted in Kota Depot of the Rajasthan State Road Transport Corporation as Accountant and Junior Accountant respectively during the period 1.1.1986 to 31.12.1986.

(2.) Satyanarain, Depot Manager of the Rajasthan State Road Transport Corporation, Kota had filed a written report before the Police Station Nayapura, Kota on 2.5.1987 alleging that Sohan Lal, Booking Clerk at Kota Deport, had embezzled a sum of Rs. 2,62,799/- by selling tickets, It was also alleged that the petitioners being Accountant and Junior Accountant at the relevant time, neglected the performance of their duty, therefore, they also committed an offence under Section 409, 120B and 109 IPC.

(3.) After completion of investigation, charge-sheet came to be filed against the petitioners and others for the offence punishable under Section 409 read with 109 IPC.