Anil Kumar Choudhary, J
1. Heard the parties.
2. Learned counsel for the petitioners submits that the petitioners do not press the instant Cr.M.P in respect of the petitioner No.3 namely Sarita Devi and seek permission of this Court to withdraw this Cr.M.P. in respect of the petitioner No.3 namely Sarita Devi with liberty to raise all the grounds taken in this Criminal Miscellaneous Petition before the appropriate court at the appropriate stage.
3. Permission is accorded.
4. This Criminal Miscellaneous Petition stands dismissed as withdrawn in respect of the petitioner No.3 namely Sarita Devi with the aforesaid liberty to the petitioner No.3 namely Sarita Devi.
5. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 with the prayer to quash the entire criminal proceeding including the First Information Report in connection with Hunterganj P.S. Case No.73 of 2021.
6. Learned counsel for the petitioners submits that the investigation of the case is still going on and charge-sheet has not yet been submitted in this case.
7. The allegation against the petitioners is that the petitioner No.1 being the Mukhiya, petitioner No.2 being the Panchayat Sevak, petitioner No.3 being the supplier, petitioner No.4 being the Rojgar Sevak and petitioner No.5 being the supplier, were found to have drawn excess amount than the amount entitled to be withdrawn by them; the details of which has been mentioned in the F.I.R. and therefore, they have dishonestly misappropriated the Government money.
8. Learned counsel for the petitioners draws the attention of this Court towards page-6 to 8 of the reply to the counter-affidavit filed on behalf of the State and submits that in the case of the petitioner No.1 vide order dated 28.03.2023 in Certificate Case No.1919/2021-22, the certificate case has been dropped on the basis of the joint report submitted by the Block Development Officer, Junior Engineer etc., in page-9 to 11 corresponding to Certificate Case no.1916/2021-22, similar order has been passed in case of the petitioner No.2; in case of the petitioner No.4 vide Certificate Case No.1915/2021-22 the certificate proceeding has been dropped and thereafter in connection with Certificate Case No.1918/2021-22, the similar proceeding has been dropped against the petitioner No.5. Hence, it is submitted that the entire criminal proceeding including the First Information Report in connection with Hunterganj P.S. Case No.73 of 2021 be quashed and set aside in respect of the petitioner Nos.1, 2, 4 and 5.
9. Learned Addl. P.P. appearing for the State fairly submits that the certificate proceedings against the petitioner Nos.1, 2, 4 and 5 have been dropped, on the basis of the joint report submitted by the Block Programme Officer, Hunterganj, Block Development Officer, Junior Engineer, hence, no offence against the petitioner Nos.1, 2, 4 and 5 is made out even if the entire allegations made against the said petitioners are considered to be true in their entirety. Therefore, State has no objection if the criminal proceeding is dropped against petitioner Nos.1, 2, 4 and 5.
10. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that the Certificate Cases which were instituted against the petitioner Nos.1, 2, 4 and 5 have been dropped on the joint report submitted by the Programme Officer, Hunterganj, Block Development Officer, Junior Engineer. There is no allegation of any dishonest misappropriation of any entrusted property or of cheating and in the absence of the same, this Court is of the considered view that the continuation of this criminal proceeding against the petitioner Nos.1, 2, 4 and 5 will amount to abuse of process of law. Therefore, this is a fit case where the entire criminal proceeding including the First Information Report in connection with Hunterganj P.S. Case No.73 of 2021 be quashed and set aside in respect of the petitioner Nos.1, 2, 4 and 5.
11. Accordingly, the entire criminal proceeding including the First Information Report in connection with Hunterganj P.S. Case No.73 of 2021 is quashed and set aside qua the petitioner Nos.1, 2, 4 and 5.
12. This Cr.M.P. stands allowed to the aforesaid extent only.
