Anil Kumar Srivastava, J. - (1.) This petition under Section 482 Cr.P.C. has been filed with a prayer to quash the proceedings in Case No.3410 of 2002 arising out of Case Crime No.137 of 2002 under Section 419, 420, 467, 468, 471 I.P.C., P.S. Jagishpur, District Sultanpur, pending in the court of Chief Judicial Magistrate, Sultanpur including the charge sheet dated 28.09.2002 and the summoning order dated 7.10.2005.
(2.) A first information report was lodged against the petitioner as well as one Shyam Lal wherein allegations have been levelled against certain illegal transfer in favour of Rajiv Gandhi Maha Vidyalaya. After investigation, charge sheet was submitted against Shyam Lal, who was Manager of the College and the petitioner, who was Naib Tehsildar at the relevant time.
(3.) Learned counsel for the petitioner submits that the first information report was lodged wherein it is mentioned that mutation has been done on the basis of an unregistered will of Smt.Chhaviraji, in favour of Rajiv Gandhi Maha Vidyalaya, Jagdishpur. It is further stated that the only allegation against the petitioner is that he has passed an irregular order of mutation. The petitioner has performed his duties in discharge of his official duties. No prosecution sanction was obtained which was mandatory. It is further stated that there is no evidence to show as to what irregularity was committed by the petitioner. It is further stated that it is a case of misuse of the process of law. Learned counsel has placed reliance upon the decision in State of Haryana and others Vs. Ch. Bhajan Lal and others, 1992 Supp1 SCC 335.;