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2020 Supreme(All) 933

MANOJ MISRA, SAUMITRA DAYAL SINGH
Devendra Singh Parihar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ratnesh Kumar Singh.

JUDGMENT :

1. Heard learned counsel for the petitioner; learned A.G.A. for respondent nos. 1 and 2 and perused the record.

2. The instant petition seeks quashing of the first information report (for short FIR) dated 19.06.2020 registered as Case Crime No. 120 of 2020, under Sections 409 I.P.C. at Police Station-Baberu, District-Banda.

3. The allegation in the impugned FIR is that while the petitioner was working as Secretary of Kisan Sewa Sahkari Samiti Limited, Baberu (for short the society) there had been defalcation of 10.485 MT of urea, valued at Rs. 88,140 and 20 bags of D.A.P. valued at Rs. 23,000, the consideration of which was not deposited in the bank account of the society. The allegation is founded on inspection/ inquiry report which indicated that though the said stock of fertiliser was reflected by entries made in the stock register but the stock was not available.

4. It appears from the pleadings that, on the said ground, the petitioner was also placed under suspension and, later, dismissed from service.

5. The case of the petitioner is that the petitioner had been a Cadre Secretary of a Primary Agricultural Credit Co-operative Society, which though, as part of centralized

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