RAM AVTAR VIJAY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed for quashing of the criminal proceedings pending before the Additional Chief Judicial Magistrate No. 3, Kota arising out of F.I.R. No. 138/1987, Police Station Nayapura, Kota.

(2.) Briefly stated, the facts of the case are that the Satya Narayan, Deputy Manager of the Rajasthan State Road Transport Corporation, Kota filed a written report before the Police Station Nayapura, Kota on 2.5.1987 alleging therein that Sohan Lal, booking clerk, has embezzled a sum of Rs. 3,08,900/- by selling tickets. The petitioners being Accountant and Junior Accountant at the relevant time, have neglected the performance of their duty, therefore, they have also committed an offence under Section 409, 120B and 109 I.P.C. After completion of investigation, charge-sheet was filed against the accused-petitioners and others under Sections 409 read with 109 I.P.C. The learned trial Court framed charge against the accused-petitioners under Sections 409 and 109 I.P.C. One of the accused Abdul Haq Ansari, feeling aggrieved of the order framing charge, approached this Court and this Court in S.B. Crivminal Revision Petition Nos. 173/1994, 174/1994, 176/1994 and 178/1994 vide its order dated 24.5.1995 while allowing the revision petitions quashed the charges framed against him.

(3.) I have heard learned counsel for the petitioners and the learned Public Prosecutor for the State and carefully perused the material available on record.