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2006 DIGILAW 1102 (PAT)

Om Prakash Chaudhary v. State Of Bihar

2006-11-22

MRIDULA MISHRA

body2006
Judgment 1. Heard learned counsel for the petitioner and learned counsel appearing for the State. 2. This application has been filed for quashing the first information report of Civil Line P.S. Case No. 258 of 1997 registered for offence under Sections 467, 468, 471, 420 and 409 of the Indian Penal Code. 3. The allegation in the FIR is that Ram Gulam, District Welfare Officer and Jagat Kishore Prasad, Block Welfare Officer, Konch alongwith Om Prakash Chaudhary (petitioner) Nazir had defalcated Rs. 25,810/- which was to be paid to the students of Central Social Welfare Institute, Konch, Gaya. The aforesaid amount was paid to one Rajendra Prasad Singh, Central Social Welfare Institute, Konch, Gaya. Subsequently, on enquiry it was found that there is no Central Social Welfare Institute in Konch. The informant met Principal of Gandhi High School, Konch who reported that only two students read in Central Social Welfare Institute and no payment has been made to these students. It was also found that there is no such person as Rajendra Prasad Singh who ever worked as Superintendent of Central Social Welfare Institute. On such allegations F.I.R. was instituted in the year 1987 with regard to concurrence which has taken place in the year 1985. Petitioner has filed this application for quashing the FIR on the ground that 15 years have passed but no charge-sheet has been submitted. It has also been submitted that the petitioner took charge of Nazir in the year 1987. So far the distribution of money is concerned, it had taken place in the year 1985 itself. At that time, petitioner was not working as Nazir, as such, his implication in the case is without any basis. 4. During the pendency of this application, counsel for the State was directed to file counter affidavit on this point, whether the charge-sheet has been submitted and sanction has been accorded for prosecution of the petitioner who is a Government servant. From the counter affidavit, it is apparent that charge-sheet has not been submitted and so far the sanction for prosecution under Section 197 of the Cr.P.C. is concerned, that has also not been accorded till the date. In this case instituted in the year 1987, even charge-sheet has not been submitted. Sanction for prosecution is also not there by the competent authority. In this case instituted in the year 1987, even charge-sheet has not been submitted. Sanction for prosecution is also not there by the competent authority. Counsel for the petitioner has placed reliance on decision of the Supreme Court reported in 2002 Vol. 1 PLJR 530 (Mahendra Lal Das vs. State of Bihar) wherein FIR of the case relating to corruption was quashed as despite expiry over 12 years, respondents-State had not granted sanction. It has been submitted that in the case of the petitioner more than 19 years have passed and the case is still pending at the stage of investigation. 5. Considering all these facts I find that the decision relied upon by the petitioner is fully applicable in this case. There is no continuation of such proceeding in which the prosecution itself is not interested. Accordingly, the FIR of Civil Line P.S. Case No. 258 of 1987 as well as entire criminal proceeding of this case is quashed. 6. This application is allowed.