IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

1. CRM-M-60194-2024 (O&M)

Jal Karan ...Petitioner Versus State of Haryana ...Respondent

2. CRM-M-60213-2024 (O&M)

Neeti ...Petitioner Versus State of Haryana ...Respondent Reserved on : 25.02.2025 Pronounced on : 28.02.2025 CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Sandeep Singh Sangwan, Advocate for the petitioners.

Mr. Apoorv Garg, Senior Deputy Advocate General, Haryana.

MANISHA BATRA, J.

1. This common order shall dispose of above mentioned two petitions as they are similar in nature and have been filed with identical prayers.

2. These petitions have been filed by the petitioners under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for quashing of FIR No. 0024 dated 18.01.2023 (Annexure P-1), registered under Sections 409 and 420 of IPC at Police Station Barauda, District Sonipat, along with all the subsequent proceedings having emanated therefrom.

3. Brief facts of the case relevant for the purpose of disposal of these petitions are that the aforementioned FIR was registered on the basis of the written complaint filed by the Superintendent, Post Office, Sonipat Division with the allegations that petitioner Jal Karan, one Sombir and petitioner Neeti were posted as Post Master in the Post Office, Mahara-I for the period as mentioned below:

Jal Karan 01.02.1994 to 28.10.2019 Rs. 3,77,700/- Sombir 15.09.2020 to 26.03.2021 Rs. 1,19,550/- Neeti 06.05.2020 to 09.09.2020 Rs. 1,86,100/-

and

27.03.2021 to 13.08.2022

4. It was further alleged that during their posting as such, they had embezzled the government money by withdrawing old age pension (which is given by the State of Haryana) from the accounts of the account holders on various dates after the death of such persons. The amount of govt. money so embezzled by the petitioners and co-accused is mentioned in the above table against their names. It was also alleged that the matter was being inquired into by the department and the amount of embezzlement could increase. Hence, the complainant prayed for taking legal action against the culprits by registering an FIR under the appropriate provisions of the IPC. After registration of the FIR, investigation proceedings were initiated. The petitioners were granted concession of anticipatory bail by this Court. After completion of necessary investigation and usual formalities, challan was presented in the Court and presently, the petitioners are facing trial for commission of aforesaid mentioned offences.

5. The present petition has been filed by the petitioners seeking quashing of FIR and challan report and the subsequent proceedings having emanated therefrom on the grounds that they have been falsely implicated in this case. Petitioners Jal Karan and Neeti had joined as Branch Post Master in Indian Postal Services in the year 1994 and 2013, respectively, and performed his duties as such very honestly and sincerely. The post of Branch Post Master was under the supervision of higher authorities and after every three months, all the official documents used to be checked and also during audit. Although, petitioner Neeti had been placed under suspension, however, petitioner Jal Karan had resigned from his services on 28.10.2019 i.e much before registration of the impugned FIR. His resignation was accepted by the department after proper verification and clearance. However, after a period of about three years, the present FIR had been registered with absolutely false allegations. The department inquiry is still pending against the petitioners. The allegations levelled in the impugned FIR are patently vague and general as no date, month or year had been given with regard to alleged embezzlements. Even no one has come forward from general public alleging misappropriation of their pension amounts. There is nothing on record to connect the petitioners with the alleged offences. Even otherwise, the petitioners had already deposited the amount of Rs.