Cr. Revision No. 307 of 2016. Case: Smt. Brahmi Devi Vs Parshotam Chand. Himachal Pradesh High Court

Case NumberCr. Revision No. 307 of 2016
CounselFor Appellant: Mr. Bhuvnesh Sharma, Advocate and For Respondents: Mr. Narender Singh Thakur, Advocate
JudgesMr. Sandeep Sharma, J
IssueCriminal Procedure Code - Section 401
Judgement DateApril 17, 2017
CourtHimachal Pradesh High Court


Sandeep Sharma, J. (Oral)

  1. By way of instant criminal revision petition filed under Section 397 read with Section 401 of the Cr.PC, the petitioner has laid challenge to order dated 9.3.2016 (Annexure P-6), passed by the learned Judicial magistrate, Ist Class, Court No. III, Hamirpur, H.P., in complaint No. 24-I/2013, whereby process/notice has been issued against the petitioner on the basis of the complaint having been filed by the respondent (herein after the complainant) under Sections 419, 420, 421, 422, 423 and 467 of the IPC.

  2. Briefly stated facts as emerge from the record are that the respondent lodged a complaint in the Court of Judicial Magistrate, Ist class, Court No. III, Hamirpur, H.P., against the petitioner-accused under the aforementioned sections, alleging therein that the petitioner-accused, who at that relevant time, was Pradhan, Mahila Mandal, Bassi Hazama, Development Block, Bhoranj, District Hamirpur, H.P., mis-appropriated/embezzled the fund allotted for the purpose of construction of Mahila Mandal Bhawan as well as Shamshan Ghat (crematorium). Learned trial Court taking cognizance of the complaint having been filed by the respondent passed following order dated 8.9.2014:-

    "Upon perusal of complaint, as well as preliminary evidence, it is not clear as to whether there are sufficient grounds to proceed against the accused persons. Accordingly, the issue of process is hereby postponed and I deem it fit to order an investigation as per Section 202 Cr.PC. Accordingly, Superintendent of Police, Hamirpur is hereby directed to conduct an investigation into the matter as per Section 202 Cr.PC and report thereon. Let copy of this complaint along with enclosure and copy of this order be sent to Superintendent of Police, Hamirpur for compliance. Report be called for 31.10.2014."

  3. In terms of aforesaid order having been passed by the learned trial Court, Police Station Bhoranj, District Hamirpur, H.P., conducted investigation qua the allegations leveled against the petitioner-accused by the respondent. However fact remains that police vide report dated 22.2.2015 (Annexure P-4) submitted before the learned trial Court that during investigation, no embezzlement/mis-appropriation of funds as alleged by the respondent against the petitioner-accused, has been found. Police also reported that prior to investigation conducted by them different departments have also conducted investigation, wherein also no...

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