Legal Question in Criminal Law in India

Respected sir,

I am an State government employee in Govt of Andhra Pradesh.. My nature of duty involves with various Departments and their related Field works. Previously in Year 2007-2008, By that time my superior officer (ADE) is non co operation manner and creating much more trobles in sanction of the estimates etc.

At this stage, my (ADE) is kept pending some of urgent estimates relates to my departmental works. My higher Officials (DE) more than the cader of (ADE) are pressing me to execute the respective departmental works related to pending at ADE. However in a openion for not to give complaint on my ADE, to my (DE), I was kept silent.

In this stage, certain amounts nearly (Rs 1,58,290/-) were paid by I.T.D.A Department to my A.P.E.P.D.C.Ltd. are diverted to Inderamma programme works. But the actual amount collected from public for inderamma programme was diverted to some other Urgent works related to my Department. Paper evidences are with me for confirming as, I have diverted the Inderamma Amounts to some other departmental works with in my department.

I have committed this mistake in a openion to regularize the above transction, soon after transfer of my (ADE), who was creating troubles to me.

But, the Issue was leaked by ADE during 9/2008 Year. Then I had paid the diverted amount of (Rs 1,58,290/-) to I.T.D.A Department in 10/2008 by taking personal Loan from Bank.Departmental enquiry is conducted, my ADE and subordinate staff are given deposition as I have executed some departmental works with labor by paying the expenses by me .

However, with out verifying the records of the executed works, the Departmental Enquiry officer, has given false Enquiry report as (1) I have not repaid the amounts to I.T.D.A.(2). Sly Not accepted the statements of witness reg. to execution of departmental works with diverted amounts. ( Feeled as the diverted amount is used to my personal sake). The Enquiry report is delivered in 10/2009 Month.

Based on the Enquiry report, my ADE has given police Complaint, to take Criminal action on me to recove the above Amount. The Police Officials has Registered a Criminnal Case on me Under section 154 & 157 Cr.P.C in Section 406-IPC,409-IPC and 420-IPC.

Actually, the amounts are returned by me to I.T.D.A in 10/2008 month, prayer to conducting of departmental Enquiry and Lodging of Criminal case. During the Enquiry I.T.D.A Officials accepted the above fact, and given their deposition accordingly. Based on the false findings of the Enquiry Officer, Criminal case is Lodged on me.

At present I am getting subsistence allowance @ 50% pay only. Now I am not in a position to lead further life due to financial burdens created due to this Issue.

Hence I request your valuable opinion regarding to QUSHING OF F.I.R. Kindly suggest list of similar cases of F.I.R quashed previously wrt. Recovery of amounts/funds prayer to Lodging of Criminal case.

Abstract

Criminal case ; Under section 154 & 157 Cr.P.C in Section 406-IPC,409-IPC and 420-IPC

1). Funds diverted in = 2007-2008

2). Issue leaked out in = 9/ 2008 Month.

3). Amounts returned by me in = 10/2008 Month.

4). Dept Enqury Conducted in = 4/2009 Month.

5). Enquiry report delivered in = 10/2009 Month.

6). Criminal Case Lodged in = 10/2009 Month

Yours faith fully,

D.D.M.S.S.Srinivas

My Mail address: [email protected] .

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