ANIL SAHDEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant criminal misc. petition under Sec. 482 Cr.RC. the petitioner seeks quashing of first information report No. 138/2003 dated 6.11.2003 of Police Station Hathipole, Udaipur.

(2.) I have heard learned counsel for the parties, perused the first information report and also the documents annexed with this criminal misc. petition by the petitioner.

(3.) On 6.11.2003 Rooplal Patel, who is a trustee of Institution of Triable (Tribal) Sanitation Health Education and Nutrition Society, Udaipur (for short "the society" hereinafter) lodged the above noticed FIR with the police with the allegation that Dr. N.K. Pipliwal was incharge of the Blood Bank but due to his hip fracture he underwent an operation and, therefore, for time being petitioner Anil Sahdev was given the charge on 12.10.2002. The petitioner was handling the bank transaction of the blood bank with other two signatories. In order to cause wrongful gain to himself the petitioner opened a bank account showing himself to be a proprietor with oblique motive to cause a wrongful gain to himself and use the amount of society for his own use. The petitioner deposited the amount of society in the account opened in his personal name showing himself to be a proprietor and misappropriated the funds. The amount which was required to be deposited in the society's bank account was not deposited, on the contrary deposited in his personal account and the same was utilised by the petitioner himself, therefore, the cheques issued by the society were dishonoured for want of funds. The allegation against the petitioner is that he forged various documents and used those forged documents as genuine. The documents are said to be of valuable security. On this report the police registered crime report against the petitioner for the offence punishable under Sec. 406, 418, 420, 467, 468 and 471 IPC. The matter is at the investigation stage.