P.R. No v. Sitaram Kurmi

HIGH COURT OF CHHATTISGARH AT BILASPUR Cr, M^ P.NQ^ 545^2011 ©) PETITIONER7 PROPOSED ACCUSED RESPONDBNT/ COMPLAINANT Sitaracn Karsh VERSUS Sitaram Kurmi CRIMINAL MISCELLANEPUS PETITION UNDER SECTIQN 482 OF THE CQDEQF CRIMINAL PROCEDURE, (SB :Hon'ble Mr. T.P.Sharma, J.) Present:- Mr. Satish Chandra Verma, Advocate for the petitioner. Mr. A.P. Sharma, Advocate for the respondent.

ORDER (Passed on 29/03/2012) By this petition under Section 482 of the Code bf Criininal Procedure, 1973, petitioner has prayed for quashment of criminal proceeding pending before the Court of Judicial Magistrate First Class, Jaijaipur, District Janjgir in criminal case No, 80/2011 whereby Court below has taken cognizance the offence punishable under Section 409 of the Indian Penal Code against the petitioner and has issued process. Learned counsel for the parties are heard. Order impugned and record of the Court below perused. On the basis of statement of respondent and witness Rajkumar, trial Court has taken cognizance of the offence punishable under Section 409 of the Indian Penal Code against the petitioner. Aforesaid statements are not sufficient for prima-facie drawin; inference that some money has been entrusted petitioner who is public servant and petitioner has criminally misappropriated the money or has failed to account the same. In absence of such prima-facie material, while taking cognizance of the offence punishable under Section 409 of the Indian Penal Code, trial Court has committed an illegality. Consequently, petition deserves to be -^. \ and is hereby allowed. Order dated 2/5/2011 passed by Judicial Magistrate First Class, Jaijaipur, District Janjgir in criminal case No. 80/2011 whereby Court has taken cognizance is hereby quashed. Case is remanded back to the Court of Judicial Magistrate First Class, Jaijaipur District Janjgir. Respondent is at liberty to produce substantive witnesses in support of coraplaint and trial Court shall inquire into the matter in accordance with Chapter XV of the Code of Criminal Procedure, 1973. Respondent shall remain present before the trial Court on 26/4/20l2. Sd/- T.P.Sharma Judge IWIII*uw8'^S®B^fflB^i^^^^S^i^^^^Sa^fflyiSlt !^S!^i!8AfelffiBil£esaHW