Ramesh Chandra vs State of Uttarakhand and Others

Prafulla C. Pant, J.—Heard.

By means of this petition moved u/s 482 of Code of Criminal Procedure, 1973 (for short Code of Criminal Procedure), the Petitioner has sought quashing of the order dated 03.02.2011, passed by Chief Judicial Magistrate, Haridwar, whereby the application of the Petitioner moved u/s 156 Code of Criminal Procedure, is rejected. The Petitioner has further challenged order dated 20.05.2011, passed by Sessions Judge, Haridwar, whereby criminal revision No. 56 of 2011, was dismissed, and the order passed by the Chief Judicial Magistrate, Haridwar, was affirmed.

Learned Counsel for the Petitioner submitted that the Magistrate as well as the revisional court have erred in law in not directing the police to register the case on the application moved by the Petitioner u/s 156 Code of Criminal Procedure.

Admittedly the Petitioner is an employee of Power Corporation who is placed under the suspension in connection with financial irregularities, and alleged embezzlement. The accused (Respondent No. 3 to 11), against whom the Petitioner wants to get registered the case are Superior Officers of Uttarakhand Power Corporation. The Chief Judicial Magistrate, in his order dated 03.02.2011, has discussed detailed reasons for which the application was rejected. The allegation against the Petitioner is that he is facing department enquiry for not depositing of Rs. 29,47,542/-collected by him which was later deposited (by him). However, he has taken plea in defence that he had already made the payment of said amount to one Sanjeev Bansal. The Magistrate called report from the police station, and it was reported that the Chief Cashier and Sub Divisional Officer disclosed that the receipts which were relied by the Petitioner Ramesh Chandra relating to payment to Sanjeev Bansal, were forged one, and he had to make the payment as above.

Having gone through the impugned orders passed by the Chief Judicial Magistrate, Haridwar, and Sessions Judge, Haridwar, this Court does not find any illegality committed by the courts below.

Therefore, the petition u/s 482 Code of Criminal Procedure, is dismissed summarily.