JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding including the order framing charge dated 12.07.2023 passed by the learned Chief Judicial Magistrate, Hazaribagh in Sadar P.S. Case No.459 of 2015 corresponding to G.R. No.392 of 2023 whereby and where under the charges have been framed against the petitioner for having committed the offences punishable under Section 409, 120 (B) of the Indian Penal Code and consequential relief.

3. The brief fact of the case is that the petitioner was posted as Junior Engineer in Rural Development Special Division, Hazaribagh. The petitioner-public servant was allotted total Rs.9,00,000/- for the project of construction of Tehsil Kutchery Building, Bishnugarh. The petitioner in criminal conspiracy with the co-accused persons with the common object of such conspiracy, committed criminal breach of trust by dishonestly misappropriating a sum of Rs.61,951/- from the said Government money; entrusted to the petitioner. Police took up the investigation of th