- (1.) Heard Sri Om Prakash Ojha, for the petitioner, A.G.A. for State of U.P. and Sri Bhuvnesh Kumar Singh, for the caveator.
(2.) This petition has been filed for setting aside the orders of Chief Judicial Magistrate, dated 14.04.2015, dismissing the application of the petitioner under Section 156 (3) Cr.P.C. and Additional Sessions Judge, dated 30.10.2015, dismissing the revision of the petitioners against aforesaid order.
(3.) The petitioner filed an application (registered as Criminal Misc. Case No. 157 of 2015) under Section 156(3) Cr.P.C. for direction to Police of Police Station Sahatwar, district Ballia to register FIR against Lakshman Thakur (Retired Principal), Hriday Narain Rai (Head Clerk), Basic Shiksha Adhikari, Finance and Account Officer and Assistant Finance and Account Officer, Ballia under Section 409, 419, 420, 467, 468, 471 read with Section 120-B IPC and investigate the matter. It has been stated in application that there was a society in the name of Shree Pachev Devi Rajmuni Devi, Uchchtar Madhyamik Vidyalaya Bahuara (Bigahi), tahsil Bansdeeh, district Ballia, registered under the provisions of Society Registration Act, 1860 since 24.12.1977. The society was running a Junior High School which was receiving grant-in-aid and an Intermediate College, which was recognized but unaided. The petitioner was elected as the Manager of Committee of Management, on 15.02.2009. His signatures were attested by District Inspector of School, Ballia on 05.06.2009. The petitioner fell ill on 22.06.2011 due to paralysis attack and admitted to Galaxi Hospital at Varanasi. He was unable to move or make signatures for about two years. Lakshman Thakur was posted as Principal of the college and retired on 30.06.2014. Hriday Narain Rai was posted as Head Clerk in the college. They, by fabricating the signatures of the petitioner on salary bill of the employees of the college, in collusion with Basic Shiksha Adhikari, Finance and Account Officer and Assistant Finance and Account Officer, Ballia withdrew salary of the employees for a period of one year and thus embezzled government money. Apart from it they also operated Development Account of the College in Bank by his fabricated signatures. The petitioner gave information in this respect to Higher Officer and also a complaint to Police Station but no action was taken. The petitioner also gave an application to Superintendent of Police Ballia on 22.02.2015 through registered post.;