J.J. Munir, J. - (1.) Heard learned counsel for the applicant and learned A.G.A. for the State.
(2.) This application has been filed seeking to quash the entire proceedings of Case no.4615 of 2017, State vs. Mohd. Asif Jama Khan and others (arising out of Case Crime no.667 of 2017), under Section 409 IPC, Police Station Kotwali, District Kannauj, pending before the Chief Judicial Magistrate, Kannauj.
(3.) The applicant is a Gram Panchayat Adhikari and was posted as such in Block Talgram, District Kannauj during the period 2011-12 to 2014-15. During the financial years 2011 - 2012 and 2014 - 15 toilets were constructed at Gram Panchayat Dudwa Bujurg under the MGNERGA Scheme, that was done jointly under the supervision and control of Gram Pradhan, one Mohd. Asif Jama Khan and the applicant, who was Gram Panchayat Adhikari (Secretary to Gram Pradhan). It was found that in the said construction a sum of Rs.16,37,965/- of Government money was misutilized and embezzled by the Gram Pradhan Mohd. Asif Jama Khan and the applicant, in respect of which the District Magistrate ordered registration of an FIR against both the accused above named that includes the applicant. The said FIR was lodged by the In-charge Assistant Development Officer through a written information dated 24.05.2017 to the police. It was registered as Case Crime no.667 of 2017, under Section 409 IPC, Police Station Kotwali, District Kannauj. After investigation, the police have filed the charge sheet impugned giving rise to proceedings, that are under challenge.;