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Kailash Chand Saini vs State Of Raj And Anr on 9 May, 2018

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.
—-Petitioner
Versus
1. State Of Rajasthan Through Pp.
2. Rajbir Sankhwar, Assistant Superintendent Of Post
Offices, Sambharlake, Sub Division 303604.
—-Respondents

For Petitioner(s) : Mr. Manish Choudhary
For Respondent(s) : Mr. Aladeen Khan PP

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Order

09/05/2018

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

petitioner.

In view of above observation made and direction

issued, the present petition is disposed of.

(KANWALJIT SINGH AHLUWALIA),J

Mak/-

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