Supreme Court of India Lokesh Kumar Jain vs State Of Rajasthan on 9 July, 2013 Equivalent citations: AIRONLINE 2013 SC 220, 2013 (11) SCC 130, (2013) 3 CURCRIR 430, (2013) 3 DLT(CRL) 874, (2013) 3 KER LT 56, (2013) 3 RAJ LW 2689, (2013) 3 RECCRIR 763, (2013) 3 SERVLJ 61, (2013) 56 OCR 222, (2013) 8 SCALE 455, (2014) 1 ALLCRIR 123 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 888 OF 2013 (ARISING OUT OF SLP(Crl.)NO.4513 OF 2012) LOKESH KUMAR JAIN … APPELLANT VERUS STATE OF RAJASTHAN … RESPONDENT J U D G M E N T 1 SUDHANSU JYOTI MUKHOPADHAYA, J. Leave granted. This appeal has been preferred by the appellant against the order dated 2nd March, 2012 passed by the Rajasthan High Court, Jaipur Bench in S.B. Criminal Miscellaneous Petition No.605 of 2006 titled Lokesh Kumar Jain v. State of Rajasthan. By the impugned order, the High Court refused to quash the FIR No.10/2000 lodged against the appellant under Section 409 IPC at Police Station, Dausa. The petition under Section 482 Cr.PC was disposed of by the High Court with the following observation: “This criminal misc. petition has been filed under section 482 Cr.PC for quashing of FIR No.10/2000 registered at Police Station, Dausa. This Court has asked the learned counsel for the petitioner whether challan has been filed or not. He replied that still challan has not been filed and the matter is under investigation. If it is to, the petitioner is permitted to file representation/documents on the basis of the judgment of the Hon'ble Supreme Court or any other Court, the I.O. Should investigate the matter on the basis of the judgment/documents/representation so filed by the petitioner and thereafter shall file progress before the court concerned. Accordingly, the petition is disposed of.” In order to appreciate the rival stands of the parties, it would be necessary to notice the background facts in a greater detail. The appellant was posted as Lower Division Clerk (for short, 'LDC') during the period November, 1996 to November,1997 in the Office of District Literacy Education Officer, Dausa. On 4th January, 2000, the District Literacy Education Officer, Dausa registered a First Information Report (for short, 'FIR') in Police Station, Dausa alleging therein that when the appellant was posted as LDCcumCashier, a financial irregularity was committed by him. As per the report of Auditor General, an embezzlement of Rs.4,39,617/ has been discovered. The original copies of the bills and documents were available in the office of the Auditor General and in the office of Directorate for the State Literacy Programme. Therefore, on the basis of report given by the Auditor General, the FIR was filed. On the basis of report submitted by the complainant, the Police lodged FIR No.10/2000 of the incident alleged to have taken place in the year 1996 1997, implicating appellant as an accused. After making investigation, the Police submitted a final report in the matter on 2nd June,2000 before the Chief Judicial Magistrate, Dausa (hereinafter referred to as the, “CJM, Dausa”) During the pendency of the matter before the CJM, Dausa, the complainant filed an application on 18th November, 2000 before the CJM, Dausa requesting therein to send back the matter to the Police for further investigation. The CJM, Dausa vide order dated 18th November, 2000, sent back the matter to the Police under Section 156(3) of Cr.PC. Since then the matter remained pending with the police. According to the appellant, he met as well as represented on a number of times to the Police Authorities and the Departmental Authorities but still no action has been taken by the Authorities. Neither final report is submitted nor the challan is being filed and the matter is pending since then. Earlier in the final report, it was stated that the Police informed that the original copies of the bills and another documents are not available, therefore, no investigation could be made. Having waited for more than six years, the appellant preferred a petition under Section 482 Cr.PC before the Rajasthan High Court being Criminal Miscellaneous Petition No.605/2006 to set aside the FIR No.10/2000 registered at Police Station, Dausa. In the meantime, a Departmental Inquiry was initiat