The High Court
Case Details
THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2844 of 2024 (In the matter of an application under Section 482 of the Code of Criminal Procedure, 1973) Gopal Krushna Mohanty ……. Petitioner -Versus- State of Odisha and Another ……. Opp. Parties For the Petitioner : M/s. Banshidhar Satapathy, S. Satapathy and B.N. Parida, Advocates For the Opp. Parties : Mr. S.N. Biswal, Additional Standing Counsel CORAM: THE HONOURABLE SHRI JUSTICE SIBO SANKAR MISHRA Date of Hearing: 08.04.2025 :: Date of Judgment: 05.05.2025 S.S. Mishra, J. The present CRLMC is filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973, assailing the order dated 01.01.2021 passed by the learned SDJM, Keonjhar in G.R. Case No.1211 of 2020, whereby cognizance of offences under Sections 420, 468, and 471 of the Indian Penal Code has been taken against the petitioner. It is contended that the charge sheet submitted by the IIC, Nayakote Police Station does not disclose any material sufficient to justify charges alleged in proceeding against the petitioner. 2.
Legal Reasoning
“102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any 1 1992 SCC (Cri) 426 Page 10 of 13 sufficiently channelised and court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised. (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance Page 11 of 13 on the accused and with a view to spite him due to private and personal grudge.” Similarly, the judgement of the Hon’ble Supreme Court in Mahmood Ali v. State of U.P.2 also echoes similar principle in which it was held thus: “13. In frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the if need be, with due care and averments and, circumspection try to read in between the lines. The Court while exercising its jurisdiction under Section 482CrPC or Article 226 of the Constitution need not restrict itself only to the stage of a case but is empowered to take into account the the initiation/registration of the case as well as the materials collected in the course of investigation. Take for instance the case on hand. Multiple FIRs have been registered over a period of time. It is in the background of such circumstances the registration of multiple FIRs assumes importance, thereby attracting the issue of wreaking vengeance out of private or personal grudge as alleged.” circumstances leading overall to In the case at hand, the very foundation of the prosecution is rendered baseless in light of the subsequent clarifications issued by Bundelkhand University. The action of the Block Education Officer in lodging the FIR appears to be hasty and uninformed, and the police investigation, mechanically conducted, ignored crucial exculpatory evidence. 2 (2023) 15 SCC 488 Page 12 of 13 The cognizance order also reflects non-application of judicial mind as the learned Magistrate failed to consider the materials favourable to the accused which were available on record. 9. In view of the above, the criminal proceedings against the petitioner in G.R. Case No.1211 of 2020, arising out of Nayakote P.S. Case No.52 of 2020, including the order dated 01.01.2021 regarding taking cognizance by the learned SDJM, Keonjhar, are hereby quashed. 10. Accordingly, the CRLMC is allowed. The High Court of Orissa, Cuttack The 5th of May, 2025/ Ashok …………………. (S.S. Mishra) Judge Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 05-May-2025 19:01:11 Page 13 of 13
Arguments
Heard Mr. Banshidhar Satapathy, learned Counsel for the petitioner and Mr. S.N. Biswal, learned Additional Standing Counsel for the opposite parties. 3. Prosecution case in brief devoid of unnecessary details is that one Gopal Krushna Mohanty, a qualified graduate holding a Bachelor of Science and a Bachelor of Education (B.Ed.) degree, had applied for the post of Sikhya Sahayak (Junior Teacher – Contractual). After due verification of his educational credentials, he was appointed to the post vide Order No.188 dated 31.03.2018 issued by the Collector-cum-Chief Executive Officer, Zilla Parishad, Keonjhar, and was posted at Kushakala UGUP School, Banspal. While serving in the said capacity, the petitioner was disengaged from service vide letter No.2546 dated 03.09.2021 issued by the District Project Coordinator (SS), Keonjhar, without affording any opportunity of hearing and without conducting any inquiry, on the ground that the B.Ed. certificate produced by him, purportedly issued by Bundelkhand Page 2 of 13 University, Jhansi was found to be forged. The said disengagement was based on a communication allegedly received from the University. 4. It is submitted that the Bundelkhand University, Jhansi, subsequently issued letters dated 07.09.2020 and 11.11.2020, categorically affirming and conveying that the B.Ed. certificate issued by it was genuine. Despite this, the FIR was lodged by the Block Education Officer, Banspal, on 03.09.2020 at Nayakote Police Station continues the proceedings. The relevant part of letter of the BEO, Banspal to the IIC, Nayakote Police Station reads as under:: "In inviting a kind reference to the subject cited above, as directed I would like to bring to your kind notice that one Sri Gopal Krishna Mohanty S/O, Panchanana Mohanty now residing At-Paljamakunda, Po-Jamakunda District- Balasore Pin-756026, Mobile Contact Number- teacher 9668026236, who was recruited as Junior (Contractual) as engaged as such w.e.f. 07.04.2018. F.N. at the BEO Banspal vide Kushakala UGUPS under the engagement order No.188/ZP Dt.31.03.2018 of Collector-Cum-CEO Zilla Parishad, Keonjhar. Sri Mohanty accordingly has completed of 02 years 04 months and 03days continuous and satisfactory engagement as Junior Teacher (Contractual) Sri Mohanty in the said School till date. the District Project Officer, That in letter Samagrah Sikshya, Keonjhar by virtue of his No.1855/PED/27.08.2020 has instructed to lodge an F.I.R. against Sri Mohanty since he has obtained a fake B.Ed. Certificate from "Bundelkhand University" which was submitted by him at the time of his first engagement as the meanwhile Page 3 of 13 Junior Teacher (Contractual). The copy of the Certificate is enclosed herewith as Annexure-l for your kind reference." As mentioned in the FIR, basing on the said letter, Nayakote P.S. Case No. 52 of 2020 was registered under Sections 420, 468, and 471 of IPC. After investigation, the I.O. submitted the Charge Sheet No. 01 dated 26.12.2020 blissfully ignoring the clarification letter issued by the University. The charge sheet contains the following conclusive remarks. DURING COURSE " THAT ON THE WRITTEN REPORT OF COMPLT BEO BANSAPAL UNDER NAYAKOTE PS THE ABOVE NOTED ITS CASE WAS REGD AND SELF TOOK UP INVESTIGATION. OF I HAVE VISITED THE SPOT, INVESTIGATION EXAMINED THE COMPLT AS WELL AS WITNESSES AND RECORDED THEIR STATEMENT U/S161 CRPC. I HAVE SEIZED THE ORIGINAL SERVICE IN RESPECT OF THE ACCUSED FROM BEO OFFICE AND EXAMINED THE CHANCE WITNESSES. SERVED NOTICE TO THE ACCUSED AS THE PUNISHMENT IS 07YRS TO ASSIST DURING MY LESS THAN INVESTIGATION. SUBMITTED FCR TO SP KEONJHAR AND OBTAINED ORDERS. THE INVESTIGATION OF THE CASE HAS BEEN COMPLETED AND PRIMAFICE EVIDENCE WELL MADE OUT AGAINST THE ACCUSED GOPAL KRISHNA MAHANTY (36YRS) S/O PANCHANAN MAHANTY OF VILLAGE PALJAMKUNDA, P.S BALIPAL, DIST BALASORE A/PJUNIOR TEACHER UGUP SCHOOL KUSHAKALA UNDER NAYAKOTE PS.DIST KEONJHAR, I SUBMITTED CS NO01 DT2612.2020 U/S 420/468/471 IPC TO FACE HIS TRAIL IN THE COURT OF LAW." On bare reading of the charge sheet it can be safely inferred that the charge sheet is completely ambiguous and the culmination of completely Page 4 of 13 non application of mind. However, on receipt of the charge sheet, the learned SDJM, Keonjhar passed the following order taking cognizance of the offences on 01.01.2021: " The case record is put up today on receipt of CS from IIC, Nayakote PS vide C.S. No. 1, dt. 26.12.2020 u/s 420/468/471 IPC against the accused person Gopal Krushna Mohanty, S/o- Panchanana Mohanty, Vill.- Paljamukunda, PS- Baliapal, Dist.- Balasore. Perused the case record i.e FIR, CDs, F.F., Statement of witness recorded u/s 161 CrPC, F.F. statement of witnesses recorded 161 CrPC and other material available in this case. There is prima facie material to proceed in this case u/s-420/468/471 IPC. Hence cognizance of offence punishable u/s 420/468/471 IPC is taken. The accused person not arrested served to 41(A) Notice. Hand over the case record to G.C." Petitioner is aggrieved by the aforementioned order and has assailed the same in this proceeding. 5. Learned counsel for the petitioner submits that the entire proceedings is an abuse of the process of law as the basic premise of the prosecution regarding the allegation of production of fake B.Ed. certificate is found to be false and has been contradicted by the issuing authority itself. The Bundelkhand University, vide its letters dated 07.09.2020 and 11.11.2020, clearly stated that the B.Ed. certificate of the petitioner is genuine. Page 5 of 13 It is further submitted that neither the Investigating Officer nor the court below considered these material documents, and the charge sheet is mechanically filed without any reference to the university’s clarification. 6. It is further urged that the State has neither disputed the authenticity of the university's letters, nor is there any material to show that the petitioner has fabricated any certificate and on bare perusal of the charge sheet, it is evident that it suffers from vagueness and lack of application of mind, especially in light of the unimpeached documentary evidence exonerating the petitioner. It would be apt to reproduce the letters received from Bundelkhand University about the clarification regarding the certificate in question for ready reference: Date 07/09/2020 “No.BU/COF/2020-9100 To The District Project Coordination RTE-SSA, Keonjhar Office of the DPC Samagra Shiksha Keonjhar 755001 Subject: Letter of modification Sir, This is under Ref. to this Office Letter No. BU/COF/2020/2317 dt. 29.07.2020 is response to your letter letter for Verification of Education Certification Bearing Letter No. 1440 dt. 20.06.2020. In this matter, it is informed that some lapse has been revealed in the said verification since (a) the University along with all its dept. was closed at that point of time following a lockdown and Containment declared in the city as a result were not available to the officer on duty (roster), (b) the Verification was made at an haste through the available (just) later on, after reopening of the Office, the Scrutiny Page 6 of 13 revealed the lapses & it is felt necessary to recall the Verification Report with this letter modification for your kind information & record The result is as follows at actual. Sl. No. 1 PASS CORRECT & 2014 078604276 Remark Roll No Course B.Ed Result Name Year S/O PANCHANAN MOHANTY GOPAL KRUSHNA MOHANTY PUNYOTOYA CHAKRA SUBASINI DAS 2 3 4 5 6 7 8 CHAKRADHAR CHAKRA NAKULCH DAS B.Ed 2014 6522960 PASS B.Ed 2013 049678242 PASS SWAGATIKA SAHANI RAMESH CH. B.Ed 2014 213695 PASS SUJIT KUMAR MOHANTY SUNITA DATTA SAHANI GANESH CH. MOHANTY NISHAKAR DATTA B.Ed 2013 074627687 PASS B.Ed 2013 589121704105 PASS ARATRARAN JENA AKRURA JENA B.Ed 2013 8802578 PASS DEBASIS SENAPATI JADUMANI SENAPATI B.Ed 2013 042503125 PASS GENUINE CORRECT & GENUINE CORRECT & GENUINE CORRECT & GENUINE CORRECT & GENUINE CORRECT & GENUINE CORRECT & GENUINE CORRECT & GENUINE Hence, this letter supersedes the previous letter and the University regrets for the Inconvenience caused to you and or anybody else.” The reading of the letter makes it evidently clear that the University not only clarifies superseding its previous letter but also expresses regret for inconvenience. It appears from the record that the police have acted upon the letter issued by the university previously which stands superseded by this letter dated 07.09.2020. It also appears that the Investigating Officer didn’t make any endeavour to check the authenticity of this clarification letter. At the same time existence of this letter is not doubted at any quarter. Hence, this Court cannot close its Page 7 of 13 eyes while dealing with the issue in lis to take into consideration the letter dated 07.09.2020. In addition to the letter dated 07.09.2020 the University have issued another letter bearing No. BU/COF/2020/4547 dated 11.11.2020, requesting to accept the above modification letter. 7. Even after such clarification, the removal from service wounded the petitioner, so the Petitioner came before this Court in W.P.(C) No.35871 of 2021, in which this Court as an interim relief directed staying the disengagement order. The relevant paragraphs are reproduced herein below for ready reference: “8. It is submitted by learned counsel for the Petitioner that he has been disengaged from service on the ground that she produced fake B.Ed. Certificate and Mark Sheets at the time of selection issued by the Bundelkhand University, Jhansi. However, the said Certificates could not be verified due to Covid-19 situation. Learned Counsel further stated that petitioner has filed two letters from the Bundelkhand University under Annexures-5 and 6 of the writ petition, whereunder the University has stated that the Certificates issued in favour of the Petitioner are not fake. 9. In such view of the matter, as an interim measure, it is directed that the order of disengagement of the Petitioner dated 03.09.2021 under Annexure-1 shall remain stayed till the next date.” Page 8 of 13 Following this order the petitioner was reinstated in service by an Office Order of the District Project Office, Samagra Sikshya (SS) & Right to Education (RTE) Keonjhar vide Letter No 416 dated 08.02.2023, which is reproduced for ready reference: to the “OFFICE ORDER The Hon'ble High Court of Odisha in IA No. 16660 of 2021 arising out of W.P.C No.35871 of 2021 passed an interim order directing the order of stay operation of disengagement of the petitioner Gopal Krushna Mohanty this office Letter No-2546/PED(SSRC) issued vide dt.03.09.2021 interim order in obedience Dtd.11.01.2022 passed in IA No.16660 and keeping in view the order Dtd.15.11.2022 passed in Contempt No-6690 of 2022 Gopal Krushna Mohanty Sikshya Sahayak(JTC) is hereby taken back to his/her previous engagement as Sikshya Sahayak (JTC) subject to final outcome of W.P.C No.35871 of 2021. On being taken back to his/her previous engagement Gopal Krushna Mohanty is required to furnish an under taking in shape of affidavit to the effect that he/she will abide by the final decision of the Hon;ble High Court in W.P.C No- 35871 of 2021 and also he/she will abide by all terms and conditions of her contractual engagement as mentioned in the Resolution No-25605/SME Dtd-26.12.2016 of Govt.in S & ME Deptt, Odisha and such other instructions received from the Govt./OSEPA form time to time. On being the Block furnished of such undertaking Education Officer, Banspal shall allow Gopal Krushna Mohanty to Join as JTC/JT at Kushakaia UGUPS. Zilla Parishad, Keonjhar” By the order of Collector-cum-CEO, However, even after reinstatement in service the criminal proceeding against the petitioner still continues till date. No doubt the Page 9 of 13 Writ Petition is still pending; the outcome of the same shall have bearing on the fate of the petitioner, regarding his service. But in the absence of any contrary documents doubting the clarificatory letter dated 07.09.2020 issued by the University the petitioner cannot be subjected to ordeal of criminal trial. 8. This Court is of the considered view that continuation of the criminal proceedings against the petitioner despite the unequivocal certification of genuineness of the alleged fake certificate by the concerned university amounts to gross abuse of the process of law. The law is well settled by the Hon’ble Supreme Court in State Of Haryana And Ors vs Ch. Bhajan Lal And Ors1, that the inherent powers under Section 482 Cr.P.C. can be invoked to prevent abuse of the process of the court and to secure the ends of justice, and held thus: