Judgment :

Krishna Rao, J.

1. The petitioner has filed the present application under Section 482 of the Code of Criminal Procedure, 1973, praying for quashing of proceedings of G.R. Case No. 59 of 2006 pending before the Learned Court of the Chief Judicial Magistrate, Darjeeling, arising out of Darjeeling Sadar Police Station Case No. 31 of 2006 dated 23rd May, 2006, under Sections 420/467/468/471/409/120B of the Indian Penal Code, 1860 and Sections 13(1)(d)/13(2) of the Prevention of Corruption Act, and all orders passed by the Learned Chief Judicial Magistrate including the order passed by the Learned Additional District and Sessions Judge, 3rd Court, Darjeeling, dated 27th June, 2011, rejecting the application filed by the petitioner for discharge and affirmed the order passed by the Learned Chief Judicial Magistrate, Darjeeling by an order No. 45 dated 27th August, 2009.

2. On the basis of written complaint of the Principal Secretary and Council Project Director, SSA, Darjeeling Gorkha Hill Council (hereinafter referred to as “DGHC”) dated 22nd May, 2006, the Police of Sadar Police Station, Darjeeling initiated an FIR No. 31 of 2006 dated 23rd May, 2006, under Sections 420/467/468