Yashwant Varma, J. - (1.) THIS application under Section 482 Cr.P.C. has been preferred seeking quashing of all the proceedings pertaining to Criminal Case No. 1340 of 1995 (State v. Ramruchi Tripathi) arising out of Case Crime No. 398 of 1991, under Section 409 I.P.C., Police Station Kotwali City Banda, pending in the court of Chief Judicial Magistrate, Banda.
(2.) THIS Court has heard the learned counsel for the applicant and learned A.G.A. From the facts as disclosed in the application, it appears that the applicant at the relevant time was working as Gram Panchayat Adhikari and by virtue of holding the said office also acting as the Secretary for the Weaker Section Housing Groups. A First Information Report came to be lodged against him on 2.5.1991 with an allegation that the applicant had misappropriated cheques of Rs. 22,500/ -. This First Information Report further alleged that the applicant who has been accorded a sum of Rs. 1,06,400/ - for the purposes of construction activities had also misutilized and misappropriated the said sum in light of the fact that the works undertaken were estimated only at Rs. 25,444/ -. It is, therefore, alleged that an amount of Rs. 80,956/ - was embezzled by the applicant.
(3.) PURSUANT to completion of investigation, a charge sheet was submitted on 29.4.1992 alleging commission of an offence under Section 409 I.P.C. The Magistrate is stated to have taken cognizance upon this charge sheet on 12.2.1995 and consequent to which the case against the applicant came to be registered as Case No. 1340 of 1995.;