Decided on April 20,2012

State of Uttarakhand and another Respondents


Servesh Kumar Gupta, J. - (1.) BY means of this petition, the prayer has been made to quash the order dated 30.3.2012 (Annexure 16 to the petition), passed by the Additional Chief Judicial Magistrate, Roorkee in Criminal Case No. 5825/2011, State v. Gajraj Singh. By the said order, the learned Magistrate has issued non -bailable warrant against the applicant petitioner Gajraj Singh in order to ensure his attendance in the court. This Court has rendered hearing to learned Sr. Counsel and learned Brief Holder for the State. Also perused the papers available on record.
(2.) IT appears that the applicant Gajraj Singh was the President of Consumer Drinking Water and Sanitation Committee (Upbhokta Pay Jal & Swachhata Samiti) of the village Mohanpur Mohammadpur, Block Narsan, District Haridwar. Monetary fund amounting to Rs. 11,72,460/ - was allocated to the said Committee for utilizing the same in order to advance the purpose of that Committee for which it was meant. Probably, the Committee failed to discharge its duties. So, one local social activist, namely, Mr. Pradeep Paliwal, an Advocate based at Haridwar, in exercise of the rights under the Right to Information Act, was able to gather the information, after intervention of the State Information Commission, that the funds, so allocated to the Committee, were misappropriated without doing any actual work on the ground. Thereupon, Mr. Paliwal tried to set the law machinery into motion against the then President of the Committee i.e. the applicant Gajraj Singh, who was also the Pradhan (Headman) of the aforesaid village. The efforts of Mr. Paliwal could finally yield result when the FIR was lodged against the accused applicant Gajraj Singh under Section 409 IPC. The same was lodged by the concerned Assistant Development Officer on the initiation and direction of his superiors. The investigation resulted into the submission of chargesheet against the accused applicant under Section 409 IPC. It is pertinent to mention here that soon after lodging of the FIR, the applicant got his arrest stayed by this Court, but that order became redundant after filing of the chargesheet in the matter. Thereafter, the accused applicant Gajraj Singh filed a Criminal Miscellaneous Application No. 918/2011, under Section 482 CrPC, for quashing of the chargesheet, which was dismissed by this Court at the very threshold on 30.9.2011. While dismissing the said petition, this Court also observed that the accused applicant Gajraj Singh would surrender before the court below wherefrom he has been chargesheeted. Instead of making compliance of this order, it appears that the applicant Gajraj Singh moved another application before the SSP, Haridwar along with certain papers seeking invocation of his powers for further investigation into the matter. However, this endeavor of Gajraj Singh could not yield the desired result, and the police submitted an additional report in consonance of the previous chargesheet filed against him.
(3.) IT further appears that the accused applicant Gajraj Singh, instead of surrendering even at this stage, agitated the matter before the court below itself and sought his discharge. When the same was rejected by the court below, the applicant Gajraj Singh has come up before this Court by way of filing the present petition under Section 482 CrPC.;

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