IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41551 of 2008 Nirmal Kumar, son of late Anand Singh, resident of village- Majhuwa, P.S.-Farwish Ganj, District-Araria, presently posted as Irrigation Revenue Inspector (Suspended), Flood Control Circle, Buxar, District-Buxar. Versus The State of Bihar ---------------------------------- For the Petitioner: - Mr. Chandra Mohan Singh, Adv. For the State: - Mr. Ram Sevak Choudhary, Adv. ------------------ 8. 16.12.2011 Heard learned counsel for the petitioner and Mr. Jharkhandi Upadhaya, learned A.P.P. for the State. The present application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 14.5.2008 passed by the Chief Judicial Magistrate, Buxar in Dhansoi P.S. Case No. 35 of 2005 by which cognizance has been taken against the petitioner under Sections 409, 420 and 34 of the Indian Penal Code. The Criminal case against the petitioner has been lodged on the basis of an F.I.R. alleging that the petitioner being the Revenue Collector had collected certain money from August, 2003 to February, 2004 but the same was not deposited in Government treasury in time and thus it was alleged that he has committed defalcation and misappropriation of Government funds. Learned counsel for the petitioner submits that though the petitioner took time and was not prompt in depositing the collection in the Government treasury 2 but for the same there is a valid explanation in as much as that he was quite ill and lastly he did finally deposit the entire money within one month thereafter and thus according to him it cannot be a case of either defalcation or misappropriation. Learned counsel for the petitioner submits that the petitioner has already been inflicted with punishment of censure alongwith stoppage of three increments with cumulative effect as well as in future all further promotion being stopped. Learned counsel submits that the prosecution is malafide from the fact that lodging of an F.I.R. and criminal prosecution should have been initiated only after the result of the departmental proceeding. Learned A.P.P. on the other hand submits that the petitioner was guilty of holding back money and the Court below has rightly taken cognizance of the same. Upon consideration of the entire facts and circumstances of the case, this Court being aware of its power under Section 482 of the Code of Criminal Procedure, is inclined to interfere in the matter since the duty is cast upon this Court to see that there is no abuse of the process of the Court and appropriate orders passed to secure the ends of justice. In the present case 3 it is admitted position that the petitioner did not finally defalcate or misappropriate the funds and though late but within a period of one year did deposit the entire amount. Also in the departmental proceeding for the same allegation he has been given major punishment. In the facts and circumstances of this case, the order dated 14.5.2008 passed by the Chief Judicial Magistrate, Buxar in Dhansoi P.S. Case No. 35 of 2005 stands quashed. The application stands allowed. Anand Kr. (Ahsanuddin Amanullah, J.)