- (1.) PETITIONERS Kashmir Lal, Manohar Singh and Munish Kumar have filed this petition against State of Punjab and Chanan Singh respondents under Section 482 Cr.P.C. for quashing of the complaint titled as Chanan Singh vs. Kashmir Lal and others under Sections 406, 409, 420, 468, 471, 195, 477 -A and 120 -B IPC pending in the Court of Sub Divisional Judicial Magistrate, Zira and the summoning order dated 08.12.2010 vide which the petitioners have been summoned to face trial for the commission of offence under Sections 406 and 420 IPC and all subsequent proceedings arising It is mainly stated in the petition that petitioner No.1 is presently working as Treasury Officer, Muktsar. In the year 2002, the petitioner was posted as Treasury Officer, Zira whereas the complainant -respondent No.2 was posted as Clerk. Since the post of Assistant Treasurer was lying vacant in the Treasury Office, Zira, the complainant was entrusted with the work of Assistant Treasurer. The Punjab Stamp Rules are governing the working of Treasuries regarding distribution and sale of stamps. It is further stated in the petition that on 29.04.2002, complainant -respondent No.2 prepared an indent as required under the above -said Rules for the quantity of stamps worth Rs. 4,05,000/ - required for the sale on that day and presented the same to the petitioner, who was the officer incharge at that time. After examining the single lock register and checking the correctness of the arithmetical calculations made therein, which was to be maintained by the complainant, petitioner No.1 approved the indent. The stamps were brought from the store under double lock and were handed over to complainant. After checking the correctness of the entries made in the double lock register that the entries are corresponding with those made in the single lock register, petitioner No.1 initialed both the register and returned the double lock register into the double lock store and store of double lock was closed. It is further stated in the petition that complainantrespondent No.2 kept the stamps under single lock for selling the same to the public and to the licensed vendors for cash. On the same day, at 4.30 P.M., complainant -respondent No.2 informed petitioner No.1 in writing that the stamps of Rs. 4,05,000/ - which were received by him in the morning, are missing from the single lock. It was further stated that after tracing the stamps, the same shall be returned.
(2.) PETITIONER No.1 immediately reported the matter to the District Treasury Officer, Ferozepur along with intimation given in writing by the complainant -respondent No.2 and he was also directed to trace out the stamp papers immediately and shortage be made good. Petitioner No.1 again on 30.04.2002 directed the complainant to make good the shortage of stamps immediately and again another letter was written on 03.05.2002. On 07.05.2002, the complainantrespondent No.2 submitted an application to petitioner No.1 stating therein that stamps worth Rs. 4,05,000/ - have been stolen by someone due to his absence and it was requested by the complainantrespondent No.2 to take action as per law.
(3.) IT is further stated in the petition that FIR was lodged regarding loss of stamps and complainant -respondent No.2 due to his negligence in performance of his duties, was suspended from the office and he was charge -sheeted on 17.09.2002. The matter was also got enquired from SDJM, Zira, who by holding thorough enquiry found that complainant -respondent No.2 has mis -appropriated the stamps worth Rs. 4,05,000/ -. On the basis of this enquiry conducted by the SDJM, Zira, FIR No.35 dated 12.03.2003 was registered against the complainant. After investigation, challan was presented against the complainant and the case was fixed for prosecution evidence on 10.08.2011. It is also stated in the petition that after the registration of the FIR against the complainant -respondent No.2, in order to put pressure upon the petitioners and to harass them, the complainant filed a false and frivolous complaint dated 28.07.2003 against the petitioners alleging therein that the petitioners had mis -appropriated the stamp papers worth Rs. 4,05,000/ -. Learned counsel for the petitioner argued that departmental enquiry was held and respondent No.2 was found guilty and recovery has already been effected from him. Notice was given to respondents, who appeared through their respective counsel and contested the petition. I have gone through the record and have heard learned counsel for the parties as well as learned State counsel. From the record, I find that Annexure P -1 is the letter written by respondent No.2 Chanan Singh on 29.04.2002 to the Treasury Officer, Zira, in which it is mentioned that on 29.04.2002 in the morning, stamps were withdrawn after preparing the indent. It is further stated in this application that after making entries in the register for that day's sale, he found that his bundle was not in his room and he gave in writing to the Treasury Officer. Annexure P -2 is another letter written by Treasury Officer on 29.04.2002 to the District Treasury Officer, Ferozepur informing the matter. Annexure P -3 is letter written by the Treasury Officer to Chanan Singh, Senior Clerkrespondent No.2, directing him to trace the stamp papers immediately and shortage be made good. Annexure P -4 is another letter written by Treasury Officer to Chanan Singh, Senior Clerk -respondent No.2 again directing him to make good the shortage of the stamps immediately. Annexure P -5 is the letter to the same effect which is dated 03.05.2002. Annexure P -6 is the letter written by Chanan Singh, Senior Clerk -respondent No.2 to Treasury Officer, in which Chanan Singh has reported that somebody has stolen the bundle of the said stamp papers for which he has made search in his office but the same could not be traced out and he requested that action may be taken under the offence of theft. Annexure P -7 is the letter dated 16.05.2002 written by District Treasury Officer to Treasury Officer directing him to lodge the FIR. Annexure P -8 is the copy of the FIR No.35 dated 12.03.2003. Annexure P -9 is the copy of the complaint filed by Chanan Singh against Kashmir Lal, Manohar Singh and Munish Kumar before the Illaqa Magistrate, Zira. This complaint is dated 28.07.2003 and in this complaint, Chanan Singh respondent No.2 levelled allegations against the petitioners that on 27.04.2002, which was a holiday, they asked respondent No.2 to bring three cold drinks and he went to the market to bring cold drinks and when he came back after 15/20 minutes, all these officers in connivance with each other had mis -appropriated the stamp papers worth Rs. 4,05,000/ -.;