D.N. Upadhyay, J. - (1.) This writ petition has been filed for quashing of the F.I.R. and entire criminal prosecution arising out of Lalpur P.S. Case No. 120/2009 registered under Sections 409/420/467/468 of the Indian Penal Code.
(2.) The facts in brief is that the petitioner was deputed at Bihar State Tribal Co-operative Development Corporation Ltd. South Pramandal, Ranchi for a period of one and half years i.e. from 05.07.1995 to 14.1.1997. It is disclosed in the F.I.R. that during deputation the petitioner was entrusted with various jobs for which he had withdrawn Rs. 42,69,850/-. The details of work for which amount was allocated was construction of boundary wall of certain school, construction of some building for school and somewhere construction and repairing of Adiwasi hostels etc. The services of the petitioner was repatriated to the parent department on 14.1.1997. Since he had not substantiated the amount withdrawn by him, the Corporation vide letter No. 140 dated 22.1.1997 asked the him give explanation and details against the amount i.e. Rs. 42,69,850/- which he had withdrawn. Thereafter the petitioner in connivance with co-accused Pawan Kumar Singh, Assistant Engineer submitted certain bills showing principal work as well as repairing work done. The question was also raised in the Assembly whereafter a Committee was constituted for making enquiry. The Committee also found the allegation true and submitted report. At the conclusion of the enquiry by the department, it was detected that the petitioner in connivance with co-accused Pawan Kumar Singh had misappropriated Rs. 9,09,700/- and therefore F.I.R. was lodged and case as indicated above in the writ application was registered.
(3.) It is submitted that the documents which are annexed with the F.I.R. itself show that the amount withdrawn by the petitioner was not misappropriated rather it was diverted to other projects. It is further pointed out that the amount so withdrawn was not directly expended by the petitioner rather it was handed over to the Assistant Engineer, Pawan Kumar Singh for executing work. The Assistant Engineer after executing the work, submitted the bills which indicate that somewhere the amount allotted for the work was not sufficient and therefore fund allotted for the other projects was diverted and that work was completed. It is further submitted that it is purely a case of diversion of fund from one project to another project and in that course some irregularities have been done which would not constitute offence as alleged in the F.I.R. The petitioner shall hardly be liable for the irregularities committed in diversion of fund which was done without seeking prior approval of the superior authority considering the need of the work.;