- (1.) The instant application. has been filed invoking the inherent jurisdiction of this Court under section 482 Cr.P.C with a prayer to quash the order dated 18.4.2016 in Crimial AppealNo. 15 of 2016 (B.K.Tiwari versus State of U.P.) arising out of Case Crime No. 519 of 2005 under section 409 IPC Police Station Kalyanpur District Kanpur Nagar pending in the court of Additonal District Judge Court No.10, Kanpur Nagar and further relief has been sought to quash the entire proceedings of the aforesaid case pending in the court of Additional District Judge Court No.10 Kanpur Nagar.
(2.) Heard Sri Manish Tiwary learned counsel appearing on behalf of the applicant and Sri G.S. Chaturvedi, learned Senior Advocate assisted by Sri Rahul Agarwal learned counsel appearing on behalf of the opposite party no.2 and the learned AGA representing the State.
(3.) The facts of the case emerging from the prosecution in a short conspectus is that the applicant who was holding the post of Accountant in the office of U.P.S.I.D.C was prosecuted in respect of the offence under section 409 IPC pursuant to the first information report lodged by the respondent no.2 on 14.7.2005 on the ground that TA document of the applicant for the year 1997 to 1999 was demanded . It was discovered that the aforesaid documents voucher and other related dossiers were missing from the counter foil of the department thus the applicant was charged for the act of misappropriation of government fund and usurping the same for personal interest. The applicant stood for trial and the trial court convicted the applicant on 23.1.2016 and 27.1.2016 in Case No. 10596 of 2009 arising out of Case Crime No. 519 of2005 under section 409 IPC by the court of Addl. Chief Metropolitan Magistrate (IInd) Kanpur Nagar to undergo six years rigorous imprisonment with fine of Rs. 5000/- In default of payment of fine, the applicant had to undergo one year additional simple imprisonment.;