Dilip Kumar Burnwal v. The State of Jharkhand

: Mr. Kumar Nilesh, Advocate : Mr. Suraj Deo Munda, Addl.P.P. : Mr. R.C. Sahu, Advocate ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties.

This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash and set aside the Complaint Case No.1023 of 2014 including the order taking cognizance dated 22.07.2015 passed by learned J.M.F.C, Dhanbad whereby and where under the learned JMFC, Dhanbad took cognizance of the offences punishable under Section 406, 504 & 506 of Indian Penal Code against the petitioner.

The allegation against the petitioner is that the petitioner being the Principal of the School collected examination fees from the complainant and misappropriated the same by not sending the same to the examination 1 Cr. M.P. No.281 of 2019 conducting authority and when the petitioner sought information under the provisions of the Right to Information Act then the information was not supplied to him. When the complainant met the Principal along with his mother, the petitioner intentionally insulted the mother of the complainant and when the complainant went with his father to the petitioner, the petitioner criminally intimidated him.

On the basis of the complaint, statement on solemn affirmation of the complainant and statement of inquiry witnesses, the learned Judicial Magistrate, Ist Class, Dhanbad found prima facie case for the offences punishable under Section 406, 504 & 506 of Indian Penal Code and ordered for issuance of summons.

Learned counsel for the petitioner submits that examination form has no pecuniary value, hence, the same will not amount to entrustment of any property nor the same can be termed as misappropriation.

Learned counsel for the petitioner further submits that learned Judicial Magistrate, Ist Class, Dhanbad has not passed a reasoned order, hence, the prayer, as prayed for in the instant Cr.M.P, be allowed.

Learned Addl.P.P. appearing for the State and the learned counsel for the opposite party No.2 on the other hand vehemently oppose the prayer of the petitioner made in the instant Cr.M.P and submit that the allegation against the petitioner is not of dishonest misappropriation of the examination form rather the allegation is of dishonestly misappropriation of the entrusted examination fees and the misappropriation of the examination fees which is money, by the petitioner amounts to the offence punishable under section 406 of the Indian Penal Code. It is further submitted that there is direct and specific allegation 2 Cr. M.P. No.281 of 2019 against the petitioner of being entrusted with the examination fees which the petitioner instead of sending to the examining council has misappropriated, which resulted in the complainant, failing to appear in the examination and losing an academic year. It is next submitted that nowhere in the criminal miscellaneous petition, the petitioner has denied entrustment of examination fees to the petitioner and that he failed to remit the same to the examining authority of the petitioner and thus the same amounts to admission of the entrustment of the examination fees and dishonest misappropriation of the same, constituting the offence punishable under Section 406 of Indian Penal Code. It is then submitted that not even a word has been whispered by the petitioner in this petition regarding the offence punishable under Section 504 & 506 of Indian Penal Code having been committed by the petitioner and the petitioner has not even dared to deny the same. It is then submitted that indisputably the said offences are made out in view of the commission of the ingredients of the said offence by the petitioner. It is lastly submitted that as all the three offences in respect of which the learned Magistrate has found prima facie case is made out against the petitioner, hence, it is submitted that this Cr.M.P., being without any merit, be dismissed.

Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that the undisputed facts remains that the petitioner was entrusted with the examination fees by the complainant, but the petitioner has committed dishonest misappropriation of the same by not sending the examination fees to the examining council resulting in non-issuance of the admit card of the complainant for the examination concerned. This criminal miscellaneous 3 Cr. M.P. No.281 of 2019 petition is silent in respect of the offences punishable under Section 504 & 506 of Indian Penal Code and as already indicated above, there is allegation of the ingredients of the said offence having been committed by the petitioner. It is a settled principle of law that genuine prosecution cannot be stifled with by exercise of power under Section 482 of CrPC as has been held in the case of Monica Kumar (Dr.) and Another vs. State of Uttar Pradesh and others reported in (2008) 8 SCC 781.

Under such circumstances, this Court is of the considered view, this is not a fit case where the prosecution of the petitioner, as prayed for, be quashed and set aside.

Accordingly, this Cr.M.P., being without any merit, be dismissed.

In view of dismissal of the instant Cr.M.P., the interim relief granted vide order dated 26.11.2019, stands vacated.

Registry is directed to intimate the court concerned forthwith. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 21st of October, 2024 AFR/ Abhiraj 4 Cr. M.P. No.281 of 2019