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Judgment
16 paragraphs · 374 wordsThe petitioner has filed this petition for quashment of criminal proceedings registered against the petitioner for commission of offence punishable
under Sections, 420, 467, 468, 471, 120-B of IPC. At the relevant time, the petitioner was posted as RTO, Additional Charge at Jabalpur. An
application was filed for change of the address of a passenger vehicle namely bus on the basis of NOC given by the RTO, West Bengal, which
was submitted by an Agent. The physical verification report of the vehicle vide form no. 33 was done by the Office Superintendent, Smt.
Kamladhar. Mr. Gowardhan Lohiya, LDC Incharge had taken the NOC of the vehicle on mobile from Mr. Ghosh, Additional RTO, Bairakpur,
West Bengal. Thereafter, the petitioner passed an order and number of bus, i.e. M.P. -20-PA-0796 was allotted to it.
A complaint was made in regard to irregularity committed in allotment of number of the bus. Thereafter, this fact came to the knowledge that the
vehicle was not registered at West Bengal as Vehicle No. WB25F/7882. This fact further came to the knowledge that the relevant authority did
not give any NOC. Apart from this, it is a fact that the Clerk had taken NOC on mobile phone from Additional RTO, Bairakpur, West Bengal.
This was denied by the aforesaid authority saying that there is no provision of taking NOC on mobile phone. The petitioner had singed the papers.
In the proceeding under Section 482, in my opinion, the offence registered against the petitioner could not be quashed in view of the fact that
charge sheet has already been filed. The petitioner can very well raise all the points at the time of framing of charge before the court and he can
convince the court that there is no evidence against him for framing of charges. However, in view of evidence on record, it would not be just and
proper to quash the proceedings in exercise of powers under Section 482 of Cr.P.C.
With the aforesaid observation, this petition is disposed of. It is further observed that this court has not opined anything on merits of the case and
the competent authority shall consider the facts of the case independently at the time of framing of charge.