IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Crl. Misc. Application No. 634 of 2007 (Old No. 4747 of 2000) Ram Kumar Gupta S/o late Jyoti Prasad R/o A-2, Kant Kunj, 62 –A, Saket, Police Station Civil Lines, District Allahabad. ...…………. Petitioner Versus 1. State of U.P. (Now State of Uttarakhand) 2. Devi Prasad Tiwari Inspector, C.B.C.I.D., U.P., Bareilly. ...…………. Respondents Mr. J.S. Virk, Advocate for the petitioner. Mr. Prabhakar Joshi, Brief Holder for respondent State. Hon’ble Prafulla C. Pant, J. By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (for brevity hereinafter referred as Cr.P.C.), the petitioner has sought quashing of the proceedings of Criminal Case No. 212 of 1999; State Vs. Ram Kumar Gupta, relating to offences punishable under Section 409, 380 of I.P.C., and one punishable under Section 3 of the Official Secrets Act, 1923, police station Kotwali Almora, pending in the court of Chief Judicial Magistrate, Almora. 2 2) Heard learned counsel for the parties and perused the affidavit and counter affidavit filed by the parties. 3) Brief facts of the case are that the petitioner was posted as Executive Engineer in the Irrigation Department at Almora in the year 1988-89. Thereafter, he was transferred to Bareilly, in July 1989. The allegations of prosecution against him are that he was entrusted with 71 maps of Survey of India which he did not hand over to his successor, on his transfer from Almora. When the matter came to light of the superior authorities they got the preliminary enquiry made, and it was found that the important documents (71 maps of Survey of India) were found missing from the almirah of the office. On the basis of the preliminary enquiry the first information report was lodged against the petitioner on 02.08.1995, in respect of offence punishable under Section 409 of I.P.C. with police station Kotwali Almora. After investigation charge sheet was filed against the petitioner for his trial in respect of offences punishable under Section 409 / 380 of I.P.C., and one punishable under Section 3 of the Official Secrets Act, 1923. On being summoned in connection with said case as accused, this petition was filed by the petitioner (accused) before the Allahabad High Court on 16th of August 2000. The petition is transferred to this Court under Section 35 of the U.P. Re-organization Act, 2000, for its disposal. 3 4) Learned counsel for the petitioner submitted that petitioner took charge of his office as Executive Engineer at Almora on 07.09.1988. It is pleaded on behalf of the petitioner that after he joined his duties there, he placed one of his subordinate Harish Chandra Joshi under suspension, on which the employees of the establishment of the Irrigation Department at Almora went on strike in February 1989, which continued till March 1989. It is further submitted on behalf of the petitioner that charge from the petitioner was forcibly taken by the administration on 03.05.1989. It is pointed out that the petitioner attempted to lodge a report regarding loss of his briefcase and the materials contained in it, including the 03 maps of the Survey of India, but the same was not acted upon by the authorities concerned. Lastly, it is contended that the petitioner is an innocent retired Chief Engineer, who has been made to face trial (after his retirement from service in the year 1995). 5) Whether, there was an entrustment of the maps to the petitioner or not, whether he intentionally withheld handing over of the maps or not, whether he committed theft of the maps or not, are all questions of fact which cannot be examined by this Court in its jurisdiction under Section 482 of Cr.P.C. It is for the trial court to see after recording the evidence, whether the petitioner is innocent or not? Admittedly, the petitioner was an Executive Engineer. The maps were in the office of the 4 Executive Engineer, Irrigation Department, Almora, which were found missing after transfer of the petitioner. It is not the case of the petitioner that he ever handed over the 71 maps of the Survey of India to his successor. Whether, the petitioner was forced to leave his office without handing over charge, is also a question of fact, which can be seen by the trial court. 6) For the reasons as discussed above, this Court is not inclined to interfere with the trial of the case. The petition under Section 482 of Cr.P.C is dismissed with the observation that the petitioner may raise the points pleaded in this petition before the trial court to show his innocence during trial. Interim order dated 18.08.2000, passed by this Court, stands hereby vacated. (Prafulla C. Pant, J.) Dt. March 10, 2010. H. Negi 5