RAMA SHANKER Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an application for quashing the proceedings pending against the applicant in the court of a first class Magistrate or transferring the proceedings to another district. The proceedings are under Section 406, I. P. C., commenced on a report of the police. The case against him is that he embezzled a large sum of money which was entrusted to him for being carried from one place to another. A Panchayat Raj inspector made a report against the applicant on 8-7-1954 on the following allegations :

(2.) The Inspector encashed a cheque for the sum of Rs. 5,746/14/- at Ghazipur in the presence of the applicant who is a businessman. The Inspector was afraid of carrying such a large sum of money from Ghazipur to Dildarnagar where his headquarters are. The applicant offered to carry the money, which was kept in a purse, from Ghazipur to Tarighat across the Ganges. The applicant and the Inspector separated. When some time later the Inspector met the applicant at Tarighat and asked for the money, the applicant told him that he had already returned it to him. Actually the money had not been returned.

(3.) The police investigated into the matter, raided the applicants' shop and recovered Rs. 1016/-, found the applicant absent and took proceedings against him under Sections 87 and 88, Cr. P. C., and arrested his brother. The applicant surrendered himself in court on the following day and pleaded alibi during the investigation.