Vijay Singh Padiyar vs State of Uttarakhand

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 proceedings of criminal complaint case No. 419 of 2011, State v. Vijay Padiyar, relating to offences punishable u/s 409, 420 Indian Penal Code, 1860, pending in the court of Chief Judicial Magistrate, Uttarkashi.

In the First Information Report it is alleged that embezzlement of food grains of market value of more than Rs. 46,57,531.68/- was done by the Petitioner who was a Supply Inspector. Learned Counsel for the Petitioner submitted that after investigation earlier final report was submitted, but on reinvestigation charge sheet is submitted. It is pleaded that applicant is innocent, and has committed No. criminal misappropriation of the property.

However, having gone through the papers on record, this Court is of the view that the plea of innocence of the Petitioner can be appreciated during the trial. It is not desirable on the part of this Court to examine the factual pleas raised by the Petitioner. Only because of the departmental proceedings are initiated against the Petitioner, it cannot be said that criminal proceedings cannot be maintained.

In the above circumstances, without expressing any opinion as to final merits of the case, the petition u/s 482 Code of Criminal Procedure is dismissed with the observation that if the Petitioner Vijay Singh Padiyar surrenders before the court concerned (if not on bail) and moves bail application the same shall be heard and disposed of without unreasonable delay. (Stay application No. 875 of 2011, also stands disposed of).