JUDGMENT AND ORDER :

Heard Mr. P. Mahanta, learned counsel for the petitioner and Ms. S. Jahan, learned Addl. Public Prosecutor, Assam.

2. By this application under section 482 Cr.P.C. the petitioner has prayed for quashing the FIR giving rise to Manikpur Police Station Case No. 32/2015 under section 409 read with Section 34 of the Indian Penal Code.

3. The brief facts leading to the present petition are that one Sri G.S. Panesar, Project Director, DRDA, Bongaigaon, lodged an FIR alleging misappropriation of the money allotted for construction of road under the MGNREGAS scheme and in the said FIR the present petitioner and one Muhim Basumatary, Secretary of Manikpur Gaon Panchayat under Manikpur Development Block have been named as accused.

4. Learned counsel referring to the FIR and also to an order dated 13.01.2014 issued by the Block Development Officer, Manikpur Development Block, whereby the money in question was allotted, submits that there was no entrustment of the money in question with the petitioner and therefore, even if the FIR is taken in its face value and accepted in its entirety, it does not make out an offence as defined under section 405 of the IPC against the petitio

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