- (1.) Heard Shri Pramod Kumar Gupta, and Shri Paras Nath Singh learned counsel for the applicant and Shri Chandra Kumar Rai, learned counsel for the complainant and the learned A.G.A. for the State.
(2.) This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the summoning order dated 29.10.2014 passed by the Chief Judicial Magistrate, Mau in criminal complaint case no. 2218 of 2011 (Dukhi Prasad Vs. Vinod Kumar) under Section 406, 419, 420 I.P.C.
(3.) The submission of the learned counsel for the applicant is that no offence mentioned in the summoning order are attracted against the applicant. Essential ingredients of entrustment to constitute the offence under Section 406 I.P.C. is lacking in the matter. The Magistrate concerned did not apply the judicial mind and passed an illegal order. Service of the applicant has been terminated. The opposite party no. 2 has no locus standi to initiate the criminal proceedings. For the sake of argument the fact that applicant has withdrawn the salary from the Government exchequer is taken into consideration then also no right is available to the opposite party no. 2 to file the complaint. Applicant has appeared in the High School examination, the board never questioned about this fact nor made any complaint against the applicant. Thus prayer was made to admit and allow the application setting-aside the summoning order as well as the order passed by the Revisional Court.;