1. Present petition under section 482 of the Code of Criminal Procedure has been preferred by the petitioner - original accused – Ex-Manager of one Mahudi Vibhag Mota Kadni Kheti Vishyak Vividh Karyakari Sahakari Mandali Limited, Mahudi, Taluka Zalod, District Dahod, to quash and set aside the impugned First Information Report being CR No.I-25 of 2008 registered with Jhalod Police Station, filed by the respondent No.2 herein – District Registrar, Cooperative Societies, Dahod, for the offence punishable under section 408 of Indian Penal Code.
2. That the respondent No.2 herein – original complainant – District Registrar, Cooperative Societies, Dahod has lodged the impugned First Information Report against the petitioner for the offence under section 408 of Indian Penal Code alleging inter-alia that the petitioner has misappropriated a sum of Rs.2,69,944.95 Ps. while serving as a Manager of the aforesaid society. Being aggrieved by and dissatisfied with the impugned First Information Report, petitioner herein – original accused has preferred the present petition under section 482 of the Code of Criminal Procedure.
3. Mr.Kharadi, learned advocate appearing on behalf of the petitioner has vehemently submitted that as such the petitioner has not committed the offence under section 408 of Indian Penal Code, as alleged. It is submitted that as such the auditor, while conducting inspection and preparing the report, on the basis of which the impugned First Information Report has been filed, has not considered so many aspects while coming to the conclusion that the petitioner has misappropriated a sum of Rs.2,69,944.95 Ps. Relying upon some statement of accounts placed on record, Mr.Kharadi, learned advocate appearing on behalf of the petitioner has requested to quash and set aside the impugned First Information Report.
4. Present petition is opposed by Mr.Dabhi, learned Additional Public Prosecutor appearing for the respondents. It is submitted that the impugned First Information Report has been lodged on the basis of the report of the auditor that that a sum of Rs.2,69,944.95 Ps. has been misappropriated. It is submitted that therefore, it cannot be said that the impugned First Information Report has been lodged against the petitioner without any basis. It is further submitted that whatever the documents produced by the petitioner, all are required to be considered by the concerned investigating officer during the course of the investigation. It is submitted that as the allegations and averments in the impugned First Information Report disclose prima facie cognizable offences, the same are further required to be considered by the investigating officer during the course of the investigation. Submitting accordingly it is requested not to quash and set aside the impugned First Information Report in exercise of powers under section 482 of the Code of Criminal Procedure.
5. Heard the learned advocates appearing on behalf of the respective parties at length.
6. At the outset, it is required to be noted that the impugned First Information Report has been lodged against the petitioner Ex-Manager of one Mahudi Vibhag Mota Kadni Kheti Vishyak Vividh Karyakari Sahakari Mandali Limited, Mahudi, Taluka Zalod, District Dahod, for the offence punishable under section 408 of the Indian Penal Code alleging inter-alia that he has misappropriated a sum of Rs.2,69,944.95 Ps. while serving as a Manager of the aforesaid society. It is required to be noted that the said First Information Report has been lodged on the basis of the report of the auditors wherein it is opined that that the petitioner has misappropriated a sum of Rs.2,69,944.95 Ps. Under the circumstances, it cannot be said that the impugned First Information Report has been filed straightway and without any basis. The impugned First Information Report has been lodged considering the auditor's report. It is required to be noted that the averments and allegations made in the First Information Report disclose prima facie commission of cognizable offences which are required to be further investigated by the concerned investigating officer during the course of the investigation. Whatever the documents are produced by the petitioner are required to be considered by the investigating officer during the course of the investigation. Under the circumstances, no case is made out to quash and set aside the impugned First Information Report in exercise powers under section 482 of the Code of Criminal Procedure.
7. In view of the above and for the reasons stated above, present petition fails and the same deserves to be dismissed and is accordingly dismissed. Rule is discharge. Interim relief granted earlier, if any, stands vacated.
[M.R. SHAH, J.] rafik