HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misccellaneous (Petition) No. 2552/2018
Kailash Chand Saini S/o Shri Chothu Ram, Aged About 52 Years,
R/o Plot No.2, Sakhambhar Colony, Gurudwara Road, Phulera,
District Jaipur, Raj.
1. State Of Rajasthan Through Pp.
2. Rajbir Sankhwar, Assistant Superintendent Of Post
Offices, Sambharlake, Sub Division 303604.
For Petitioner(s) : Mr. Manish Choudhary
For Respondent(s) : Mr. Aladeen Khan PP
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
The learned counsel for the petitioner contends that the
petitioner being lowest official in the Post Office, is being made
scapegoat and the senior officials are being absolved.
Be that at it may, this Court is of the view that there is
embezzlement amounting to Rs. 3 Lakhs. As to who did it and how
it was done, the matter requires to be investigated.
At this juncture, the learned counsel for the petitioner
has submitted that the FIR has been registered for the offences
under Sections 420 and 406 IPC. The learned counsel for the
petitioner has further contended that till today no offence of
forgery has been made out against the petitioner.
Accepting the above contention made by the learned
counsel for the petitioner at Bar, considering that maximum
(2 of 2) [CRLMP-2552/2018]
sentence prescribed for offence under Section 420 IPC is seven
years and for offence under Section 406 IPC is three years, it is
ordered that in case no other offence is made out during
investigation against the petitioner, the investigating officer shall
follow Sections 41 and 41A Cr.P.C. before affecting arrest of the
In view of above observation made and direction
issued, the present petition is disposed of.
(KANWALJIT SINGH AHLUWALIA),J