No prima facie case for breach of trust established against the petitioner as he lacked direct control over the misappropriated funds, leading to quashing of criminal proceedings.

JUDGMENT :

R.K. PATTANAIK, J.

1. The petitioner has knocked the doors of this Court by invoking its inherent jurisdiction under Section 482 Cr.P.C. challenging the proceeding and continuance thereof in connection with G.R. Case No.681 of 2015 pending in the file of learned S.D.J.M., Jeypore, Koraput corresponding to Bariguma P.S. Case No.87 of 2015 on the grounds inter alia that no prima facie case is made out vis-à-vis breach of trust and misappropriation of Government money and hence, the criminal action should be terminated otherwise it would result in abuse of process of law.

2. The prosecution story as unfolded from the FIR is that an amount of Rs.13,66,050/- was advanced to the petitioner, who at the relevant point of time was posted as the Forest Range Officer-cum-FMU-Chief of Boriguma Forest Range, Jeypore Forest Division by way of a cheque dated 30^th September, 2013 for execution of different works under OFSDP, however, an amount of Rs.4,11,450/- was accounted for on 27^th January, 2014 and not in respect of the remaining balance of Rs.9,54,600/- and in the meantime, he was transferred to Thuamul-Rampur Range under the Kalahandi South Division, Bhawanipatna and despite several correspondences made with a request to refund the balance to the Division Account, he did turn up, consequent upon which, the disciplinary proceeding was drawn up against him as well as the Forester of B. Singhpur Range. In the report, it was claimed that the petitioner and the ex-Forester suspected to have misappropriated the Government money advanced and in so far as former is concerned, he was accountable for execution of the assigned work and also submission of the account as per the account procedure 27(1) of the OFSDP Guidelines. With the FIR (Annexure-1) lodged, Boriguma P.S. Case No.87 of 2015 was registered under Section 409 read with 34 IPC . The said criminal action corresponding to G.R. Case No.681 of 2015 pending before the court of learned S.D.J.M., Jeypore, Koraput is assailed on the ground that the petitioner did not commit any such offence under since the forest advance which was received by him stands due against the ex-Forester, who received it as the end user for execution of non-JFM works.

3. Heard Mr. Mishra, learned counsel for the petitioner and Mr. Mohapatra, learned counsel for the State opposite party.

4. Mr. Mishra, learned counsel for the petitioner submits that even by considering the FIR (Annexure-1) and accepting the same in its entirety, no prima facie case is made out against the petitioner. In other words, it is contended that even if at the face value of Annexure-1, it does not prima facie show any cognizable offence to have been committed by the petitioner much less misappropriation of Government money as he had no direct control or dominion over the same. Mr. Mishra, learned counsel for the petitioner further submits that the ingredients of Section 409 IPC are absent and therefore, the said offence is not attracted to criminally prosecute the petitioner. It is claimed that disciplinary proceeding against the other accused, namely, ex- Forester who received the advance for the execution of the works was initiated again at the instance of the petitioner and therefore, there could not have been any offence committed by him in connivance and that apart, the entrusted amount which was received stood immediately transferred through RTGS and hence no question of any breach of trust would arise. Lastly, it is submitted that the disciplinary proceeding has already been initiated against the other accused and while claiming so, Mr. Mishra, learned counsel for the petitioner refers to a copy of the Memorandum dated 31^st October, 201