ANIRUDHA CHANDRA SINHA Vs. STATE

JUDGEMENT

(1.) This application has been filed under S. 482 of the Code of Criminal Procedure for quashing the Criminal Proceeding including the order of Cognizance dated 26-9-1998 passed by the learned Chief Judicial Magistrate, Dhanbad in connection with Dhanbad P.S. Case No. 518 of 1997 (G.R. No. 2199/97).

(2.) Short facts giving rise to this application that one Criminal case was registered for the offence under Sections 419/420/467/468/465/408/120-B of the Indian Penal Code. On the basis of the inquiry report submitted by the petitioner who is the informant in the said case. It was alleged that the petitioner was Accounts officer under Mineral Area Development Authority, Dhanbad (MADA) to make an inquiry about illegal withdrawal of a sum of Rs. 20,000/- from the Provident Fund Account of one employee, namely Sampat Kumar Singh, Pump Khalashi. On the basis of which the petitioner enquired into the matter and submitted his report claiming therein that one Gauri Shankar Prasad who was an assistant in the Provident Fund Section was the real culprit as he had withdraw the said amount of Rs. 20,000/-. There was also found that the Account Payee cheque was converted into bearer cheque as a result of which the said amount was withdrawn. Accordingly the first information was lodged.

(3.) Learned counsel appearing on behalf of the petitioner submitted that the learned Court below illegally took cognizance against the petitioner also without application of mind and also under most mechanical manner. It is further argued that the petitioner is a Govt. servant and even in absence of sanction as required under S. 197 of the Cr. P.C., the learned Magistrate took cognizance illegally as well as there is nothing specific against the petitioner that he had participated or involved in any way in the withdrawal of the said amount rather the petitioner, after completing inquiry, submitted his report being informant. It is further argued that as a matter of fact the main culprit is Gouri Shankar Prasad who has also deposited the said amount of Rs. 20,000/- with interest in the Provident Fund Account of victim Sampat Kumar Singh and as such the entire prosecution as against the petitioner including taking cognizance is illegal and it is fit to be quashed.