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2009 DIGILAW 1210 (ALL)

K K VERMA v. STATE OF U P

2009-04-08

RAVINDRA SINGH

body2009
RAVINDRA SINGH, J. This appli cation has been moved by the applicant K. K. Verma with a prayer to quash the charge-sheet dated 11. 9. 2008 in case crime No. 245 of 2006, P. S. Civil Lines, District Meerut pending in the Court of learned A. C. J. M. Court No. 1 vide criminal case No. 884 of 2009. 2. The facts in brief of this case are that the FIR of this case has been lodged by O. P. No. 2 Sri Shailendra Chaudhary, Sec retary, Meerut Development Authority, Meerut on 6. 6. 2008 at P. S. Civil Lines, Meerut in case crime No. 245 of 2008 under section 408 IPC alleging therein that the record including map of Anand Nirog Dham Hospital, Damodar Colony, Garh Road, Meerut was missing from the Meerut Development Authority. According to the office record the same map was received by the applicant who was the Record Keeper to the authority from Sri Madhukar, clerk on 10. 10. 2007. After lodging the FIR, it was investigated by the I. O. who collected the material during investigation and submit ted the charge- sheet dated 11. 9. 2008 against the applicant in the Court of learned A. C. J. M. Court No. 1 Meerut on which the learned Magistrate concerned has taken the cognizance and summoned the applicant to face the trial vide order dated 6. 3. 2009. Being aggrieved from the above mentioned charge-sheet the present application has been filed with a prayer to quash the charge-sheet by invoking the powers conferred under section 482 Cr. P. C. 3. Heard Sri Nipun Singh, learned Counsel for the applicant and learned A. G. A. for the State of U. P. 4. It is contended by learned Counsel for the applicant that in the present case after lodging the FIR the charge-sheet dated 11. 9. 2008 has been submitted in the Court of learned Magistrate concerned. During investigation the I. O. has recorded the statements of the first informant Sri Shailendra Chaudharv, Secretary, Meerut Development Authority Meerut and Sri Madhukar, clerk, Meerut Development Authority, Meerut. According to the MR and statements of the above mentioned witnesses no offence under section 408 IPC is made out. 2008 has been submitted in the Court of learned Magistrate concerned. During investigation the I. O. has recorded the statements of the first informant Sri Shailendra Chaudharv, Secretary, Meerut Development Authority Meerut and Sri Madhukar, clerk, Meerut Development Authority, Meerut. According to the MR and statements of the above mentioned witnesses no offence under section 408 IPC is made out. The allegations have been made against the applicant only on the ba sis of doubt and suspicion whereas the applicant has forwarded the map file of Anand Nirog Dham Hospital to Junior Engineer Sri Sachin Agarwai on 11. 10. 2007, the same remained in his possession who had not returned back, it was not missing from the custody of the applicant. 5. It is further contended that the of fence under section 408 IPC is not made out against the applicant as the applicant does not have any dominion over any property or there is no allegation of dishonesty or misappropriation of map file. The applicant has filed criminal Misc. Writ Petition No. 15771 of 2008 before this Court in which the arrest of the applicant was stayed during investigation. The statements of Sri Shailendra Chaudhary and Madhukar have been recorded under section 161 Cr. P. C. but according to their statements also no allegation is constituting the offence under section 408 IPC. It is also surprising that in the present case the charge-sheet has been submitted without doing the fair and proper investigation, even the state ment of Sachin Agarwal, Junior Engineer was not recorded by the I. O. Therefore the charge-sheet submitted by the I. O. against the applicant may be quashed. 6. In reply of the above contention it is submitted by learned A. G. A. that the applicant was serving as a Record Keeper in the office of the Meerut Development Authority, Meerut. The map file of above mentioned hospital was in his custody, the same is missing, such allegation is attract ing the provisions of section 408 IPC. There is no illegality in submission of the charge-sheet and there is no illegality in taking the cognizance by learned Magistrate con cerned. The present, application is devoid of merit and same may be dismissed. 7. There is no illegality in submission of the charge-sheet and there is no illegality in taking the cognizance by learned Magistrate con cerned. The present, application is devoid of merit and same may be dismissed. 7. Considering the submissions made by learned Counsel for the applicant, learned A. G. A. and from the perusal of the record it appears that in the present case the FIR has been lodged by O. P. No. 2 Sri Shailendra Chaudhary, Secretary, Meerut Development Authority, Meerut against the applicant because the map file of Anand Nirog Dham Hospital was missing which was under the dominion of the ap plicant, its criminal liability is upon the applicant. The charge-sheet dated 11. 9. 2008 has been submitted against the applicant in which the I. O. has recorded the statement of four persons including Sri Shailendra Chaudhary and Madhukar, clerk of the authority. So far as the constitution of the offence is concerned, the allegation made against the applicant are disclosing the of fence under section 408 IPC which reads as under; "408. Criminal breach of trust by clerk or servant.- Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. " 8. The contention made by learned Counsel for the applicant that map file of the above mentioned hospital was handed over by the applicant to Sachin Agrawal, Junior Engineer, it may be a defence, the same may be taken by him at the stage of the trial. There is no illegality in the sub mission of the charge- sheet, therefore, the prayer for quashing the charge-sheet of the above mentioned case is refused. 9. However considering the facts that arrest of the applicant was stayed during investigation by Division Bench of this Court, it is directed that applicant shall appear before the Court concerned within 30 days from today, till then the N. B. W. issued against the applicant shall be kept in abeyance. In case he applies for bail, the same shall be heard and disposed of on the same by the Courts below. In case he applies for bail, the same shall be heard and disposed of on the same by the Courts below. With this direction, this application is finally disposed of. .