ARJUN KUMAR KARIGAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Saibal Mitra, learned counsel appearing for the petitioner and Mr. Vijyant Verma, learned J.C. to G.P. - II.

(2.) In this writ application the petitioner has prayed for quashing of the entire criminal proceedings in connection with Rajnagar P. S. Case No. 09 of 2016 which has been instituted for the offence punishable under Section 420 and 409 of the Indian Penal Code.

(3.) It has been submitted by the learned counsel for the petitioner that the work of the construction of the school building has been completed for which necessary no objection certificate has been given by the authorities. Learned counsel submits that without giving a prior show cause notice a First Information Report has been instituted against the petitioner. It has been stated that the entire amount which was withdrawn by the petitioner has been utilized as the building has been properly constructed and there is no allegation against the petitioner of committing the defalcation. Learned counsel submits that the counter affidavit filed on behalf of the District Superintendent of Education categorically reveals that the Department does not have any grievance against the petitioner. It has thus been submitted that in view of the aforesaid fact the entire criminal proceedings as against the petitioner deserves to be quashed and set aside.