- (1.) In the present revisional application under Section 401/397 read with Section 482 Code of Criminal Procedure the Petitioner has prayed for quashing the proceeding being G.R. case No. 81/08 arising out of Ketugram P.S. Case No. 12/08 dated 21.02.2008 under Section 403/409/420/468 I.P.C. now pending before the Court of Learned Additional Chief Judicial Magistrate, Katwa.
(2.) The Petitioner contends that while working as Gramin Dak Sevak Branch Postmaster, Mougram Block office under Ketugram Police Station the above First Information Report was lodged against him for misappropriation of Rs. 60,390/- which he has already deposited. There is no merit in the said FIR in which after due investigation charge sheet has been submitted against him on the basis of which cognizance has been taken by the Learned Court below on 12.06.2009 which is bad in law. Under the circumstances the said proceeding including the order taking cognizance should be set aside. Learned Lawyer for the State, however, has opposed the move and contended that on the basis of FIR due investigation was made and since prima facie materials were forthcoming against this accused under Section 403/409/420/468 IPC, charge sheet has been submitted against him and the Learned Court below has rightly taken cognizance which is neither illegal nor liable to be set aside at this stage.
(3.) After careful consideration of the rival contentions of the parties and perusal of FIR and the relevant case diary, I find that the following points need be considered in this case: a. Whether I.O. is justified in filing charge sheet against the accused and b. Whether Court below is justified in taking cognizance.;