ORDER :

1. This is an application filed under section 439(2) of Code of Criminal Procedure, by the State seeking quashing of the order dated 13.04.2022 passed by the learned 2nd Additional Sessions Judge, Ahmedabad (rural) at Viramgam in Criminal Miscellaneous Application No. 68 of 2022. By the said order, the learned Sessions Judge has enlarged the respondent no. 1- original accused no. 1 in connection with an offence registered with Detroj Police station ICR no. 111920172110361/2022, dated punishable under sections 406, 409, 420, 465,467,468, 470, 471 of Indian Penal Code.

2. The gist of the allegations against the accused no. 1 in aforesaid FIR registered is that in the year 2016, the respondent no. 1 while holding charge as Deputy Accountant at Taluka Panchayat, Detroj office had committed criminal breach of trust by misusing his position as government servant, by making bogus cheques and vouchers and using such bogus documents as genuine documents the accused had dishonestly diverted such amount in his account or in the name of relatives / friends. As per the allegations in the FIR, the total embezzlement of the amount involved was Rs. 30,80621:00.

3. It transpires from the record that before the registration of complaint, the department had conducted an inquiry whereby the District Accountant Officer, Ahmedabad Panchayat office had by order no. DP/HSB/MKM-1vashi/772/2021, dated 17.07.2021 had directed the District Primary Education officer, Ahmedabad to proceed for registration of the FIR against the respondent no. 1. It was stated that the respondent no. 1 while holding charge as Deputy Accountant at Dholera office had committed the offence of embezzlement of such amount. Such a fact emerged during audit of the accounts of the Financial Year of 2017-2018 and 2018-2019. It had come on record during analysis of the account details that though the retired primary teachers have already been extended the benefit of leave encashment, the respondent no. 1 had created a record of payment to one B.P. Kotadiya, retired teacher by tendering voucher no. 374, dated 07.06.2016 for an amount of Rs. 5,63,397/-, whereas on investigation no such voucher was found. Similarly, in the case of shri F. B. Thummariya, retired teacher payment was made towards leave encashment of an amount of Rs. 5,42,922/- on 27.06.2016 but on investigation no voucher was found. On further inquiry of the case book details, it was found that the cheques were issued in the name of another person Kanjibhai Devabhai Makwana. It was also found that the employees so named have never rendered service in Detroj Taluka. There was embezzlement of Rs. 11,06,319/-. Again, it was noticed that details of cheque bearing no. 006362, dated 27.06.2016 was not mentioned in the cheque register. On inquiry, it was found that the same was drawn in the name of SBI, Viramgam and an amount of Rs. 19,74,302/- has been cleared. The interim audit revealed the involvement of the present applicant for misappropriation of Rs. 30,80,621/-. Thus, having noticed the primary involvement of respondent no. 1, the FIR came to be registered against respondent no. 1 on 18.07.2021.

4. The applicant was arrested 29.07.2021. The bail application being Criminal Miscellaneous Application No. 2458 of 2021 was preferred pending investigation, before the court of Learned 5th Additional Sessions judge, Ahmedabad (Rural) which was not entertained and rejected vide order dated 18.08.2021. The Court took into consideration the fact that investigation was in progress and prima facie, the material disclosed the involvement of the applicant. At the end of investigation the charge sheet came to be filed on 22.10.2021 for the offence under section 406, 409, 420, 465, 467, 468, 470, 471 of IPC wherein the present applicant emerged as main accused. The applicant had approached for regular bail Criminal Miscellaneous Application No. 68 of 2022, before the court of Learned Additional Sessions Judge, Ahmedabad (Rural). The Le