This application under Section 482 CrPC sought quashing of criminal proceedings for embezzlement of Gram Panchayat funds. The court dismissed the petition, finding that the investigating officer had collected cogent evidence and a prima facie case was made out.
Petition dismissed; interim order vacated.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 40547 of 2022
Applicant :- Devi Lal Maurya Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rashtrapati Khare,Gaurav Khare Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
accused, Kesarinandan in order to embezzle the gram panchayat fund of Rs.15,77,963/-. The accused-petitioner was required to close the Dongle, but he allowed it to be misused by the Computer Operator and, therefore, the offence in question came to be registered.
[D.K.SINGH, J.]
Order Date :- 27.2.2023 MVS/-
Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad
2 issues framed by the court
Whether the court's inherent power under Section 482 CrPC to quash criminal proceedings is applicable when the investigating officer has collected cogent evidence and filed a charge-sheet against the
Whether the absence of charge-sheet against co-accused responsible for making payments justifies quashing of the proceeding against the applicant.
8 provisions across 3 enactments
Devi Lal Maurya
State Of U.P.
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
