RONGON MUKHOPADHYAY,J. - (1.) In this application, the petitioner has prayed for quashing the order dated 09.12.2011 passed by the learned Additional Chief Judicial Magistrate, Pakur in connection with Maheshpur P.S. Case No. 125 of 2011 (G.R. No. 529 of 2011), whereby and whereunder, cognizance for the offences punishable u/s 409 of the Indian Penal Code has been taken against the petitioner.
(2.) An F.I.R. was instituted by the District Horticulture Officer, Pakur wherein it has been stated that in terms of of National Horticulture Mission for the year 2010 -11, Jharkhand Udyogik Prashikshan Sansthan, Deoghar has been given work order for plantation of mango trees, etc. It is alleged that State Mission, Director had released the first installment of Rs. 25,03,625/ - through cheque in compliance of the condition mentioned in the work order and in enquiry it was found that 20% plant was alive which was amounting to Rs. 5,00,000/ - and Rs. 20,00,000/ - was misappropriated by the Secretary of Non Governmental Organization, namely, Jharkhand Udyogik Prashikshan Sansthan, Deoghar. After institution of the F.I.R., the police investigated the case and submitted charge -sheet and subsequent thereto cognizance for the offence punishable u/s 409 I.P.C. has been taken vide order dated 9.12.2011.
(3.) It has been submitted by the learned counsel for the petitioner that the work order issued under the aegis of National Horticulture Mission for the year 2010 -11 had been completed which would be evident from the enquiry report. It has been submitted that since plantation was not properly maintained, most of the plants have withered away and 20% of the trees were only found to be present. It has been submitted that such circumstances do indicate that Jharkhand Udyogik Prashikshan Sansthan, Deoghar had carried out the work order and had also complied with the conditions in the work order and there being no misappropriation of any amount in view of the enquiry report the entire criminal prosecution including the impugned order deserves to the quashed and set aside.;