Hon’ble Anil Kumar, J.—By means of present petition under Section 482 Cr.P.C. applicant/petitioner has prayed for quashing of Charge-sheet No. 2 of 2006 dated 9.2.2006 filed in Case Crime No. 333 of 2003 under Sections 409, 420, 467, 468, 471 and 120-B IPC, police station Kaiserganj District Bahraich as contained in Annexure 3 to the petition and the entire proceedings arising out of the chargsheet.

2. Facts, in brief as submitted by learned counsel for the petitioner that an FIR was lodged against the applicant and one Abdul Wahab on 16.5.2003 at case crime No. 333 of 2003 under Sections 406,409, 420 and 471 IPC, Police Station Kaisarganj District Bahraich. From the perusal of the FIR (Annexure 1) lodged against the petitioner and one Sri Abdul Wahab, it reveals that the petitioner alongwith Abdul Wahab played fraud cheated some of the members of the society which act is against the interest of the society and the members.

3. Thereafter the petitioner filed a writ petition No. 73 (MB) of 2006 challenging the FIR, after exchange of pleadings this Court by order dated 31.1.2006 stayed the arrest of the petitioner until further order or till submission of the police report whichever is earlier. In the meantime case was transferred to Special Investigation Branch, Co-operative District Faizabad who submitted the charge-sheet under Section 409, 420, 467,468, 471 and 120-B IPC against the applicant and one Abdul Wahab.

4. On 25.9.2007, learned counsel for the State made a statement that since the charge-sheet has been filed as such the writ petition has become infractuous. Accordingly, the same was dismissed on 25.9.2007.

5. Moreover petitioner was working as Secretary Sadhan Sahkari Samiti Limited, Kasehari Bujurg, District Bahraich and one Sri Abdul Wahab was also working as Accountant.

6. As the FIR has been lodged, so the then Assistant Registrar Co-operative Society constituted three members committee to look into the allegation regarding fraud played by petitioner and one Sri Abdul Wahab.

7. On the basis of report submitted by the Committee, the competent authority, as per rules known as U.P. Primary Agricultural Co-operative Credit Societies Centralized Services Rules, 1976 (herein after referred as ‘’ Rules,1976') has placed the petitioner under suspension vide order dated 28.12.2002 and a charge-sheet alongwith suspension order containing two charges were also served on him. In the meantime, petitioner has been retired from service after attaining the age of superannuation.

8. It is submitted by learned counsel for the petitioner that two charges which were levelled against the petitioner are identical in nature to the fact on which F.I.R. dated 16.5.2003 has been lodged against the petitioner.

9. After placing petitioner under suspension as per Rules,1976 one Sri Munijar Prasad Shukla, Additional District Co-operative Officer, Bahraich was appointed as inquiry officer in the matter to conduct the disciplinary proceedings. Taking into consideration the reply submitted by the petitioner to the charges which were levelled against him by the charge-sheet dated 31.7.2004 which was served on the petitioner and other evidence on record, inquiry officer has submitted a report dated 26.8.2004 inter alia stating therein that two charges which were levelled against the petioner were not proved. Thereafter by order dated 23.6.2005 the competent authority of the Society has passed an order thereby reinstating the petitioner in service on the ground that in the domestic inquiry petitioner was not found guilty in respect to the charges which were levelled against him by the charge-sheet served on 31.7.2004 in the domestic inquiry and on the same facts of FIR was lodged as a result of which Charge-sheet No. 2 of 2006 dated 9.2.2006 filed in Case Crime No. 333 of 2003 under Section 409,420, 467, 468, 471 and 120-B IPC, police station Kaiserganj District Bahraich and the entire proceedings arising out of the chargsheet may be quash