The court's decision highlights the principle that the court's power under Section 482 of Cr.P.C. can be invoked to quash criminal proceedings when allowing the proceedings to continue would be an abuse of process of Court.

ORDER :

Rule returnable forthwith. Learned APP waives service of rule for the respondent-State.

1. By way of this application under Section 482 of Cr.P.C., the applicant Jayantilal Chauhan–accused no.17 of Criminal Case No.64341 of 2017, has prayed for quashing of the criminal proceedings.

2. Pursuant to the FIR bearing C.R.No.I-347 of 2011, registered with Navrangpura Police Station for the offence punishable under Sections 408, 409, 418, 420, 465, 467, 468, 471, 474, 120B and 114 of the Indian Penal Code, the investigating officer has filed the chargesheet which has been culminated into aforesaid criminal case. In the said criminal proceedings, 31 persons have been arraigned as accused.

3. The applicant namely Jayantilal Chauhan being a Lower Division Clerk of the office of Official Liquidator has been arraigned as accused no.17 in the alleged offence.

4. Brief facts giving rise to file present quashing application are that, the applicant was initially appointed as Lower Division Clerk and was posted at Mumbai on 15.03.2005 and thereafter, he was transferred to Ahmedabad on 31.05.2006. The respondent no.2-Mansukh Devjibhai Parmar who was exemployee of Calico Printing Ltd., vide its complaint dated 09.12.2011, alleges that, the office bearers of Textile Labour Association in collusion with the employees of the office of Official Liquidator, misappropriated the amount of Rs.1,63,86,800/- payable to workers of closed mill by forging bogus documents. In the FIR, it is alleged that, the Calico Printing Mills Limited was ordered to wound up by the High Court and possession and custody of the mill was taken over by the Official Liquidator in the year of 1998. The Textile Labour Association was working as a supervisory body as it was representative of workers of the closed mill. Pursuant to the rehabilitation scheme introduced by the Central Ministry, the list was prepared by the association so as to extend the financial benefits to the workers. The funds for rehabilitation was deposited. The association sought disbursement of the workmen’s claim for 5777 workers. The High Court in a company petition vide its order dated 10.10.2006 directed to pay Rs.50,000/- as ad-hoc compensation to each worker who were in the list of Textile Labour Association and their claim was audited and certified by M/s. Amaldutt and Associates who had verified and investigated the claim papers submitted by the Association. The payment as directed by the High Court was made by the Office of Official Liquidator by issuing account payee cheques.

In the aforesaid facts, the complainant being a member of the association, alleged in the FIR that, the payment made to 284 workers are bogus and the amount whatever deposited in the bank account of workers having been withdrawn by the members of the association and others by submitting fabricated and forged documents for their financial benefits whereby the employees of the Office of Official Liquidator and the members of the association have committed an offence of forgery, forgery for the purpose of cheating and fraudulently and dishonestly used such documents as genuine so as to gain financial benefit.

5. Pursuant to the aforesaid FIR lodged with Navrangpura Police Station, Ahmedabad, the chargesheet came to be filed for the aforesaid offences by the Economic Cell, CID Crime and same has been culminated into criminal case which is pending before the Additional Chief Metropolitan Magistrate Court at Ahmedabad.

6. This Court has heard learned counsel Mr. Chintan N. Desai for the applicant and Ms. Chetna Shah, learned Additional Public Prosecutor for respondent-State.

7. Mr. Chintan Desai, learned counsel appearing for the applicant has submitted that, the applicant being an employee of the Office of Official Liquidator, has been falsely involved in this offence. That, he was not named in the FIR. That, he was simply a Lower Division Clerk in the office and in discharge of his official duty, he has prepared a cheque as