JUDGMENT :

1. Present criminal revision application is filed by the applicant with a prayer to quash and set aside the order dated 28/06/2021 passed below Exh.25 in Criminal Case no.1468 of 2018 by the learned Principal Senior Civil Judge Gondal and further be pleased to discharge the applicant from the offence punishable under Sections 409, 464, 467, 468, 471 and 114 of the Indian Penal Code, 1860.

2. Brief facts of the case are stated as under:

2.1. The applicant is aged 27 years old and appointed on adhoc basis as a Branch Post Master in Branch Post Office at Anida Bhalodi village of Gondal Taluka. It is pertinent to note that accused no.1 Bharatbhai Raval has been serving as a Postman in the same branch since 1998. The applicant was on leave from 19/12/2016 to 22/12/2016 and during that period, accused no.1 managed the affairs of the post office branch on her behalf and has misappropriated amounts from the account of the customers/account holders by accepting the amounts of deposit from them, issuing receipts and not depositing the same into their respective accounts. When the applicant returned from leave and demanded details of accounts for the above period, accused no.1 refused to provide the same and threatened her of dire consequences. On 20/03/2017, accused no.1 made a declaration in writing duly stamped and notarized wherein it is categorically admitted that he had committed alleged fraud as he was in need of money and had subsequently deposited back the entire amount of misappropriation. Accused no.1 further declared that applicant is innocent. However, after a period of three months from the date of written complaint of the applicant, respondent no.2 lodged the impugned FIR on 22/03/2017 not only against the accused no.1 but arraigning the present applicant as accused no.2 under misconception and on baseless allegations. Thereafter, present applicant approached this Court for quashing of the FIR being filed against her through a Criminal Misc. Application No.8799 of 2017 wherein this Hon'ble Court was pleased to issue notice dated 10/04/2017 staying and directing not to take any coercive actions against the applicant. On 17/07/2017, Criminal Misc. Application No.8799 of 2017 was disposed of by this Court reserving liberty to file anticipatory bail application before the appropriate court. Thereafter, as per the direction of this Hon'ble Court, applicant filed an application for anticipatory bail which was allowed imposing certain conditions. Thereafter, charge sheet was filed on 15/08/2018 for the offences punishable under Sections 409, 464, 467, 468, 471 and 114 of the Indian Penal Code, 1860. Thereafter, the applicant preferred discharge application on 07/01/2021 which came to be rejected by impugned order dated 28/06/2021. Hence, present application is filed by the applicant.

3. Learned advocate for the applicant submitted that from bare reading of the FIR and the charge sheet as well as statements of the witnesses, none of the ingredients of alleged offences are made out against the applicant and the FIR is only afterthought and the same is filed after three months of alleged transaction without proper explanation of such delay of three months. For the same, decision of this Court in the case of Arbindbhai Maganbhai Master V. State of Gujarat reported in 2015 (1) GLH 149 is also relied upon by the applicant. In fact much prior to the registration of the FIR in respect of alleged irregularities and misappropriation, a written complaint dated 23/12/2016 was made to the head office against her senior colleague i.e. accused no.1. In fact, accused no.1 accepted and confessed his guilt and executed notarized document dated 20/03/2017 and declared that he had done alleged act and the applicant is innocent.

4. Learned advocate for the applicant further submitted that bare perusal of the provisions of Sections 409, 465, 467, 468, 471 and 201 of the Indian Penal Code make it crystal clear that ingredients of these provisions