RAJENDRA NATH SINHA, J. ( 1 ) THIS is an application under section 482 of the code of Criminal Procedure for quashing of the proceedings arising out of the Baharampur P. S. Case No. 54/99 dated 18. 02. 99 under sections 406/409/420 of the Indian Penal Code corresponding to G. R. No. 190/99. ( 2 ) THE petitioner works for gain as medical technician in the department of the Baharampur District Hospital (Sadar ). He was attached there for quite a long time in the aforesaid capacity. It is revealed that a complaint was lodged on 18. 02. 99 by one Dr. Debi Sankar Mishra being the Chief Medical Officer of health, Murshidabad alleging inter alia the following against Dr. Debabrata mukherjee, the then Superintendent of Baharampur District Hospital, alleging non-maintenance of any stock account of used X-ray films as well as hypo-solutions resulting loss of Government revenue to the tune of Rs. 40,000/- only due to non-disposal of the said items by inviting tenders for the years 1985-87. ( 3 ) THE aforesaid complaint by itself did not disclose any allegations against the petitioner as he was never vested with any administrative authority for sale or purchase of materials and/or used materials. He came to know about the purported chargesheet No. 111 of 2002 dated 31. 03. 02 impleading him and few others in the aforesaid case. ( 4 ) IT has also been submitted in the aforesaid petition that the Learned sub-Divisional Judicial Magistrate, Baharampur, refused to take cognizance of the purported chargesheet on the grounds that as there was application of prevention of Corruption Act, 1988, he was to forward the entire case record to the learned Sessions Judge though no formal order to that effect has been passed. ( 5 ) IT has been further submitted that the investigating agency without taking recourse to the provisions of Prevention of Corruption Act and in compliance with the provision in section 197 of the Code of Criminal Procedure has submitted the chargesheet in a mechanical manner. The petitioner being a technician never have had any occasion to be invested with the powers of disposal and/or in the record room and also any authority to call for tender or dispose of the used X-ray plates etc. The petitioner being a technician never have had any occasion to be invested with the powers of disposal and/or in the record room and also any authority to call for tender or dispose of the used X-ray plates etc. ( 6 ) IN the aforesaid facts of the cases the petitioner seek to get the charge-sheet quashed as against him as the same is after a lapse of 17 years and more so when no allegation has been levelled against him by the investigating agency and that the norms of legal procedures were not followed despite the petitioner being a public servant. ( 7 ) MR. Milan Mukherjee, learned Counsel for the petitioner in course of his argument has drawn the attention of the FIR which has been submitted to the investigating agency wherein the brief history and the facts of the case have been stated. The brief history as contained in the FIR in itself states that the complaint made by Dr. Debi Shankar Mishra, Chief Medical Officer, murshidabad, against Dr. Debabrata Mukherjee, Superintendent of baharampur District Hospital (as he then was) that there has been irregularity. in purchase of medicine/equipments for the period from 9. 2. 85 to 30. 11. 97 and thereafter quoted different memos of respect (sic) Department of Health and family Welfare. The accusation in brief is noted below:-a) Stock account of used x-ray films were not amounting; 2189 kgs of exposed x-ray films were not traceable are remained unaccounted. As a result there was loss of Government found (sic) to the tune of Rs. 26,528. 00/ -. (b) Due to non-disposal of hypo-solution there was loss of Rs. 13. 909/- to the government. (c) Tender for local purchase of medicines for the period 1985-86 were approved in July 1986, but actual purchase of medicine took place after long 7 months which do not connect, in any way, as against this petitioner. It has also been referred therein that because of lapse of time, save and except the paper documents quoted in, further paper documents were available in the office and this case was being disposed on the basis of available paper documents. It has also been referred therein that because of lapse of time, save and except the paper documents quoted in, further paper documents were available in the office and this case was being disposed on the basis of available paper documents. ( 8 ) DURING investigation it could be ascertained from the statement of witnesses and reports received from the office that during the period under investigation the Office of the Superintendent Baharampur Sadar Hospital did not maintain any stock account of used X-ray films due to this non-maintenance of records the Government suffered a loss of Rs. 33,997. 86 paise. ( 9 ) SIMILARLY, on the account of use and disposal of hypo-solution Government suffered to the tune of Rs. 12,709. 83 paise on the basis of calculation as per cash book and stock register of X-ray Department of the hospital. No audit report was made available to the I. O. though the entire matter was audited. It has further to be noticed that there was direct involvement of Sri Bharat Mandal, then storekeeper, could not be established during investigation though he was not above suspicion. ( 10 ) SRI Mukherjee has further drawn the attention in the First Information report itself which is inter alia as against only one Dr. Debabrata Mukherjee and others There were as many as four FIRs. ( 11 ) IT has been contended by Sri Mukherjee, learned Counsel for the petitioner, that a medical technician attached to the X-ray Department is not supposed to take care of the used X-ray plates and also to keep account and/or preserve the hypo-solution which are eventually sold out by inviting tenders and the amount is deposited in the treasury. He goes on submitting that in the absence of any specific accusation continuation of the proceeding will amount to abuse of process of law and would not subserve the cause of justice. ( 12 ) MR. K. B Mahato, learned A. P. P in charge has made available the case docket in its entirety and has submitted that whatever material quoted are incorporated in the CD itself and he urged that in the absence of the criterion laid down by the Hon'ble Apex Court reported in AIR 2002 Supreme Court 2960, S. N Palanatkar vs. State of Bihar quashing of the proceeding be not allowed. ( 13 ) ON perusal of the entire case docket it is nowhere shown and/or apparent the petitioner was entrusted with any job other than acting in the X-ray department of the hospital as the technician. Furthermore what I find within the four corners of the case docket is one letter issued by the Superintendent, district Hospital, Baharampur, dated 15. 02. 2000 in connection with this case written to S. O. as against a query. The contents of the entire letter (Memo No. 12/ BH dated, Baharampur, the 15. 02. 2000) are reproduced hereunder:"this is to inform you as per your query in connection with above noted case that Stock Register of used X-Ray Films can not be maintained as X-ray films collected from C. M. S. Calcutta were delivered to X-ray Deptt. of District hospital, Murshidabad. Then X-ray Department used this film at different diseases as recommended by M. Os. and then used X-ray films were duly sent to different Medical Units of this Hospital. Such as T. B Ward, O. P. D. , maternity Ward. Police Case Isolation Ward, Children Ward, F. M. W. Ward, m. M. Ward, etc. After perusal of the X-ray report by different M. O. 's X-ray report with films were duly sent to record rooms with bed tickets etc. So it is not possible to maintain the stock register of used ray (sic) films. This is for your information and necessary action please. " ( 14 ) THEN again another letter may be taken into account which was issued from the end of the Office of Chief Medical Office (sic) of Health being No. (A. O. 3401 dated 20. 07. 2000) in connection with this particular case wherein it is stated that:" (1) There was no direct monetary involvement in this matter, but the loss of Govt. property appears to have been detected and accounted for in cash money relating to misuse/wastage and excess purchase of medicines and equipments. A. G (Audit) determined the actual loss in the shape of Govt. money. (2) On the observation of audit report and continuous non-response over the matter by the concerned officer for long and long years the Comptroller of acctt. Genl. brought to the notice of the Deptt. Higher Health Authority. And accordingly as per direction of Principal Secy. A. G (Audit) determined the actual loss in the shape of Govt. money. (2) On the observation of audit report and continuous non-response over the matter by the concerned officer for long and long years the Comptroller of acctt. Genl. brought to the notice of the Deptt. Higher Health Authority. And accordingly as per direction of Principal Secy. H/f. W. (sic) the undersigned made F. I. R. As no response made by concerned officers to meet up the financial litigation as pointed out by the audit and also continuous non-response for years together, the Comptroller of Acctt. Genl. took the matter for fixing responsibility. " ( 15 ) BE it noted that the copies of the relevant audit report which form part of the CD have nowhere stated about the used X-ray plates and/or its non-disposal in accordance with law. ( 16 ) ONE Dr. Debasis Ghosh was posted in the X-ray Department under whom the petitioner used to work as medical technician together with another from whom some papers were also seized and their statement goes to show that from the statement of the witnesses it goes to show that no specific duty was cast upon this petitioner about preservation of those hyper-solution and/or custody of the used X-ray films for the purposes of disposal. ( 17 ) IN the aforesaid case referred above (supra) it was referred that under the Criminal Procedure Code it is to prevent abuse of the process of any Court or otherwise to secure the ends of justice. This being the position, exercise of power under section 482 Cr. P. C. should be consistent with the scope and ambit of the same in the light of the decision aforementioned in appropriate cases to prevent judicial process from being an instrument of appropriation or harassment in the hands of the frustrated or vindictive litigant. Exercise of inherent power is not only desirable but necessary also, so that the judicial forum of Court may not be allowed to be utilised for any oblique motive. When a person approaches the High Court under section 482 Cr. P. C. to quash the very issue of process, the High Court on the facts and circumstances of a case has to exercise the power with circumspection as stated above to really serve the purpose and object for which they are conferred. When a person approaches the High Court under section 482 Cr. P. C. to quash the very issue of process, the High Court on the facts and circumstances of a case has to exercise the power with circumspection as stated above to really serve the purpose and object for which they are conferred. In another case the Hon'ble Apex Court has held that-A) Where the allegations made in the complaint or the statements of the witnesses recorded in support of the same, if taken in their face value, make out absolutely no case against the accused or the complainant or disclose essential ingredient. (b) Where the allegations made in the complaint are patently absurd and inherently improbable so that no prudent person can ever reach a conclusion that there is sufficient ground for proceeding with the accused. ( 18 ) THOSE are the observations and the criterion laid down amongst others, and the facts that save and except being attached to the X-ray Department at the relevant period 1985-87, no other overtact (sic) has been attributed on the part of the accused/petitioner. ( 19 ) THE aforesaid two letters go to show that the FIR was the resultant effect of the observation of Accountant General, without any effort to pinpoint accountability in the meanwhile (long-time allowed to lapse), it was filed. ( 20 ) THUS, I am of the view that continuance of the proceeding as against this accused/petitioner won't subserve the cause of justice, if allowed to continue it will be sheer wastage of Court's time and an abuse of the process of law. ( 21 ) IN the result, this petition succeeds. The proceeding as stated above, stands quashed as against this accused/petitioner. Petition succeeds.