(1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the State. This application has been filed for quashing of the entire criminal proceeding of Katkumsandi (Pelawal) P.S. Case No. 129 of 2010, corresponding to G.R. No. 1551 of 2010 (T.R. No. 1186 of 2011) including the order dated 07.01.2011, whereby and whereunder cognizance of the offence punishable under Sections 420, 409 and 120B of the Indian Penal Code has been taken against the petitioner.
(2.) Learned counsel appearing for the petitioner submits that an F.I.R. was lodged against the Junior Engineer who had been alleged to have wrongly shown to have constructed a new well, whereas, that well was existing from before. In that manner, the Junior Engineer did withdraw a sum of Rs. 75,000/ -and thereby the case was registered against the said Junior Engineer, but in course of investigation, complicity of this petitioner is said to have been found as it is said that the petitioner had also verified the measurement book on the basis of which the money was drawn, but the petitioner had verified the measurement book when the work had been completed without knowing the mischief done by the Junior Engineer. Since no involvement of the petitioner was there the petitioner was asked by the superior officer to make verification and on making verification, the petitioner did report that the Junior Engineer has misappropriated the amount and under this situation, the order taking cognizance is quite bad and hence, it is fit to be set aside.
(3.) HAVING heard learned counsel appearing for the parties, it does appear that whatever the points have been raised that cannot be said to be tenable so far the matter relating to quashing of the order taking cognizance is concerned. The points which have been raised would always be available to the petitioner during trial as all those points which have been raised, are in defence of the petitioner. Accordingly, I do not find any merit and hence, this application stands dismissed.