Petitioner sought quashing of FIR and charge-sheet amidst allegations of fund disbursement violations. Court quashed proceedings upon established fact that petitioner was not appointed or doing duties during the alleged timeframe.
Proceedings in criminal case No.5-2116/2-016-17 and related FIR/Charge-sheet quashed.
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HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 51 of 2018
---- Petitioner
Versus
---- Respondents
For Petitioner : Shri V.K. Pandey, Advocate For Respondent/State : Shri Ghanshyam Patel, GA for the State
Hon'ble Shri Justice Goutam Bhaduri
Order On Board
10/01/2019
2
has been filed.
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Purushottam Kabra was not discharging the work which could be reflected by letter dated 16.10.2013. During the course of hearing of anticipatory bail, this fact was also fortified which finds place at para 5 of the order of anticipatory bail application bearing M.Cr.C.A. No.1039 of 2018, the same is placed on record. In view of this, it appears that the charge-sheet and the FIR was lodged wrongly against the present petitioner as according to the State itself, the petitioner was not at all involved in the crime. Consequently, the proceedings against the petitioner in criminal case No.5-2116/2-016-17 which emanated from the FIR No.147/2016 dated 01.08.2016 registered at Police Station Bagbahara, is hereby quashed.
Sd/-
Goutam Bhaduri Judge
Ashu
3 issues framed by the court
Whether the proceedings against the petitioner should be quashed given departmental findings that he was not employed at the relevant time.
Whether the FIR and charge-sheet were lodged wrongly against the petitioner.
Whether the petitioner can be held responsible for alleged violations if he was not discharging duties.
1 provisions across 1 enactments
Purshottam Kabra
The State Of Chhattisgarh
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
