- (1.) VINOD Prasad, J. Applicant Abdul Mannan, Branch Manager, District Co-operative Bank, Kasganj Branch, Etah has invoked the inherent powers of this Court under Section 482 Cr. P. C. with the prayer that charge-sheet No. 220 dated 31-7-2006 of crime number 163 of 2006 under Sections 409, 420, 467, 468 and 218 IPC pending before Additional Chief Judicial Magistrate, Kasganj, Etah as well as process under Section 82 Cr. P. C. issued in pursuance of the said charge-sheet by the said Magistrate be quashed and the respondent state be restrained from arresting the applicant in connection with the aforesaid crime number 163 of 2006.
(2.) THE facts giving rise to the present application which are registered here, in brief, are that on 1-5- 2006 at 4. 30 p. m. informant Shailendra Kumar Upadhayay cashier alongwith peon Saraswati Devi was working in District Co-operative Bank, Kasganj Branch, Kasganj, Etah as Incharge Branch Manager as Abdul Mannan applicant who was the Branch Manager and Sri Ram Veer Singh Yadav were on leave. That day at 4. 30 p. m. two people came and showed the passbook of one Ram Nath, which had no address on it to the informant and asked him that Rs. 2,000/- were withdrawn from the concerned account but the withdrawal was shown to be Rs. 3,000/- and therefore, asked the informant to check the same. Informant asked them to come next day on which both the persons made an excuse that they had to go outside and the informant must check the account immediately. When the informant and Saraswati Devi went inside record room to take out the vouchers both the culprits barged into the record room, poured red pepper in the eyes of the informant and tied him with rope. On gunpoint they took away the keys of the safe and tried to open it's double lock. Meanwhile Saraswati Devi freed herself, ran out side and shouted for help on which the accused took to their heels with the keys of the safe. THEy could not loot the deposited money and guns kept in the bank. Police got informant freed from the record room. Shailendra Kumar Upadhyay informant scribed the FIR and lodged it at police station Kasganj District Etah on the same day as crime number 126 of 2006 under Section 393 IPC at 5. 10 p. m. Police started investigation into the crime recorded statements of witnesses and after usual investigation found informant Shailendra Kumar Upadhyay guilty and therefore, submitted the charge- sheet No. 220 (Annexure No. 4) against him on 31-7-2006 for offences under Sections 409, 420, 467, 468, 218 IPC on which Additional Chief Judicial Magistrate Kasganj, Etah took cognizance of the offences on 1-8-2006. It was mentioned in the charge-sheet that the arrest of the applicant Abdul Mannan is yet to be effected and hence in his respect supplementary report will be forwarded. As the applicant was evading his arrest police filed an application before the ACJM concerned for issuance of process under Section 82 Cr. P. C. against him on which Magistrate issued proclamation under Section 82 Cr. P. C. on 4-9- 2006. Hence this application under Section 482 Cr. P. C. , by Abdul Mannan with the prayers mention in the opening part of this judgment. I have heard Sri D. S. Misra, learned Counsel for the applicant in support of this application and the learned AGA in opposition.
(3.) SRI Misra contended that the applicant has not committed any offence as no money was looted. He further submitted that there is no allegations of any breach of trust, embezzlement, cheating and forgery and the applicant is unnecessary is being harassed and the charge-sheet be quashed. He further submitted that the applicant was on leave on the date of incident and he had gone to Haridwar to get his wife treated in the hospital of saint Ramdeo. He submitted that FIR also mentions that the applicant was on leave on the fateful day. He further submitted that peon Saraswati Devi has stated before the police that it was all conspiracy of Shailendra Kumar Upadhyay. He also submitted that the guard Kanahiya Pandey had stated that Shailendra Kumar Upadhyay had sent him with leave application of the applicant to the head office and so his statement also prove that the applicant was not present at the spot and hence he has not committed any offence and therefore, the prayed relief be granted and charge-sheet be quashed. Learned AGA contrarily submitted that this application is not maintainable as the applicant is still not a charge-sheeted accused and he is an absconder and therefore, he is not entitle to any relief from this Court and this Criminal Misc. Application lacks merit and should be dismissed.;