MANGILAL VYAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) It is the grievance of Mangilal Vyas petitioner in Criminal Miscellaneous Petitions Nos. 702 to 709 of 1986 u/s.482, Cr. P.C. that he is undergoing mental, physical and financial torture for the last 23 years, inasmuch as he has been prosecuted in no less than 11 criminal cases by the Officer-in-charge of the concerned police station, for offences u/s. 408 or 409 IPC, on allegations of misappropriation or embezzlement of amounts which are alleged to have been committed during his short spell of appointment as a Manager of Jhunjhunu Kendriya Sahkari Bank Ltd., Jhunjhunu (hereinafter, for short as "the Sahkari Bank") from 17th Feb., 1961 to 3rd June, '63', in respect of which on a complaint made to the Registrar, Co-operative Societies, an inquiry was ordered by the Registrar u/s. 41 of the Co-operative Societies Act to be held by the Collector, Jhunjhunu, with the assistance of the Special Auditors of Ajmer Zone and Assistant Registrar, Co-operative Societies, Jhunjhunu. The special audit parties gave their report to the Collector, Jhunjhunu. The Collector on 7th Apr., '63 forwarded the report to the Registrar, Co-operative Societies. Thereafter 11 criminal cases were launched against the petitioner one after the another. A list of these cases has been annexed by the petitioner to the petition. This list goes to show that the allegations against the petitioner were that he had embezzled various amounts received by him from different Sahkari Samities while he was holding the post of Manager of the Sahkari Bank during the period from 17thFeb., 1961 to the date of his suspension i.e. 3rd June '63. In one of such cases, in which there was allegation of embezzlement of about Rs. 33,300/- and which related to Badagaon Gram Sewa Sahkari Sangh Ltd. FIR was lodged on 1st May, '63, and the police filed a challan on 2nd June, '65, i.e. after two years. The proceedings in that case continued for more than 17 years without any progress; and on moving of an application u/s. 482 Cr. P.C. (S.B. Cr. Misc. Petition No. 161/82), the proceedings in Criminal case No. 3/79 pertaining to the said embezzlement were quashed by a learned Single Judge of this court on 5th Dec., '85.

(2.) In another two cases relating to Lalpura Gram Sewa Sahkari Samiti and Khatipura Gram Sewa Sahkari Samiti there had been ultimate acquittal for the petitioner.

(3.) In the fourth case, in which there was allegation of embezzlement of Rs.4,000/-concerning Patusari Bunkar Sahkari Samiti Ltd, the police gave a final report.