IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL WRIT PETITION NO.187 OF 2010 Birendra Singh Bisht ………Petitioner Versus State of Uttarakhand & others …Respondents Dated: April 7, 2010 Sri U.P.S. Negi, Adv. for petitioner Sri Amit Bhatt, Addl. GA for the State HON. DHARAM VEER, J. By means of this writ petition, the petitioner has prayed to issue writ of certiorari quashing the impugned FIR dated 10.3.2010 lodged as Case Crime No.347/2010 u/s 409 IPC P.S. Kotwali Pauri, District Pauri Garhwal. Heard learned counsel for the parties and perused the entire material on record. Learned counsel for the petitioner argued that the petitioner has been falsely implicated in the above case and he has not committed any embezzlement or financial irregularity. Learned Addl. G.A. for the State vehemently opposed the submission raised by learned counsel for the petitioner and stated that the petitioner, being a public servant, has committed criminal breach of trust. He also produced the report sent by the I.O. of this case, who has stated in his report that the petitioner was posted as Block Development Officer and being a government officer, he has dishonestly misappropriated an amount of Rs.12,40,721/- for his own use. It has also been stated in the report that the above said figure has been transpired on the basis of the investigation done till now and the amount misappropriated by the petitioner can be increased in future on further investigation. On the basis of the above said report, learned Addl. G.A. submitted that the petitioner dishonestly misappropriated the public money and thereby he committed criminal breach of trust. After considering the entire facts and circumstances of the case and upon hearing learned counsel for the parties as well as on perusal of FIR and other documents on record, considering the fact that the petitioner being posted as B.D.O., committed criminal breach of trust of Rs.12,40,721/- and that this amount can be increased in future on further investigation, and also seeing the gravity of the offence, I am of the view that at this stage, prima facie offence punishable u/s 409 IPC is made out against the petitioner and he is not entitled for any relief by this Court and the petition is liable to be dismissed. Therefore, the writ petition being devoid of merits, is accordingly dismissed. (Urgency appln. no.1284/2010 stands disposed of accordingly) (Dharam Veer, J.) 7.04.2010 Rajeev Dang