Rongon Mukhopadhyay,J. - (1.) Heard learned counsel for the petitioners and learned counsel for the State.
(2.) In the present criminal miscellaneous petition, the petitioners have prayed for quashing the First Information Report (FIR) including the entire criminal proceeding in connection with Rajmahal P.S. Case No. 22 of 2014 corresponding to G.R. Case No. 56 of 2014 registered u/s 420 of the Indian Penal Code, pending in the Court of learned Additional Chief Judicial Magistrate, Rajmahal.
(3.) The FIR, which was instituted by the opposite party No. 2, discloses that at the relevant point of time, the petitioner No. 1 was posted as Medical Officer-in-Charge, Subdivision Hospital, Rajmahal, whereas the petitioner No. 2 was under the employment of petitioner No. 1 in his private capacity and he was supplying Khichdi and medicines to delivery patients and beside this he was also doing the work of building, repairing and miscellaneous work. It has been alleged that on transfer of petitioner No. 1 from Subdivision Hospital, Rajmahal to Sadar Hospital, Chatra in the month of July, 2012, the informant was given charge of Subdivision Hospital, Rajmahal on 12.1.2013 and he was subsequently made Drawing and Disbursing Officer on 16.1.2013. It has been alleged that in the meantime against the vouchers submitted by petitioner No. 2, the petitioner No. 1 before being relieved issued cheques in spite of fund not being available in the different bank accounts of NRHM. It has also been alleged that on account of committing forgery and fraud, the said cheques were en-cashed and unauthorizedly deposited in the bank.;