D.K.SINHA,J. - (1.) THIS Cr. Revision is directed against the order impugned dated 25.2.2008 passed by Shri D.C. Awasthi, Judicial Magistrate, 1st Class, Jamshedpur in C/1-477/2005 by which the opposite party Nos. 2 to 6 were discharged for the alleged offence under sections 406/420/465/467/468/471/120-B/34 of the Indian Penal Code by observing that the case, which was presented by the complainant Ramesh Kumar Ranpara was purely a case of civil nature and the complainant could not provide sufficient material to frame charge in the aforesaid sections against them, as such the opposite party Nos. 2 to 6 were discharged.
(2.) THE petitioner of this Cr. Revision was neither the complainant nor the accused-opposite party in complaint C/1-477/2005 as such his locus to file the instant criminal revision has been challenged. Admittedly, the complainant did not prefer any revision nor the complainant has been impleaded as the opposite party by the petitioner herein who failed to associate himself so as to confer any legal right upon him to prefer this criminal revision by showing interest of the public at large. The prosecution story in short, as presented by the complainant Ramesh Kumar Ranpara, claiming himself to be the Secretary of Shri Jamshedpur Gujrati Samaj, a society duly registered under Societies Registration Act, 1860 (hereinafter referred to as an Act) which was established in the year 1922 and thereafter a small school was opened in the year 1940. The school was registered in the year 1972 under the Act vide registration No. 82/Bihar/Patna. The complainant explained that the said school which was established by Shri Jamshedpur Gujrati Samaj was run by the Managing Committee of the said Samaj since the year 1940, as such the affairs of the said school was owned and managed by Shri Jamshedpur Gujrati Samaj with its Constitution. Rules and Regulation under the name and style 'Narbharan Hansraj Gujarati M.E. School", Jamshedpur drawn under the instruction of the members of the Executive Committee in the year 1940. The Executive Committee consisting of 12 members were authorized by the Samaj to look after the affairs of the institutions, however, the complainant alleged that no general meeting of the Executive Committee of Shri Jamshedpur Gujarati Samaj could be convened for the last 10 years till the institution of the complaint case. It was alleged in the complaint that the opposite party Nos. 2 to 6 who claimed themselves to be the office bearers of the Samaj and the members of the Managing Committee of the schools, had no right to usurp or misappropriate the properties, income generated from N.H. Gujarati M.E. School and the another school namely D.N. Kamani High School, the latter being named by reason of the fact that the Kamani family i.e., the members of the opposite party were the doners who contributed in construction of the school buildings and for such reason they were treating both the schools to be their personal properties though the same was registered under the Societies Registration Act at the instance of Shri Jamshedpur Gujarati Samaj. The complainant alleged that the Managing Committee of the schools was formed unauthorizedly by the members of the O.P. Nos. 2 to 6 on 18.9.2003 to suit their unholy, illegal, unlawful and malafide objects and they manufactured certain documents purporting to be the deed of trust concerning schools aid that the accused persons (opposite party Nos. 2 to 6 herein) were not furnishing the statements of income generated from resources and the expenditure of the schools and thereby misappropriated huge amount for their personal gains. It was more particularly alleged against the O.P. No. 6 Praful H. Gandhi that he in connivance and concert with the members of the opposite party Nos. 2 to 5 assumed the office of secretary of the so called Managing Committee and thereby embezzled the funds including the subscription realized from the members of Gujarati Samaj. The learned Judicial Magistrate meticulously dealt with all the sections of the offence proposed by the complainant against the members of the opposite party Nos. 2 to 6 much less the offence alleged under section 406 of the Indian Penal Code after examination of all the complainant's witnesses during enquiry under section 202, Code of Criminal Procedure and came to finding that the alleged offences could not be prima facie attracted against the O.P. Nos. 2 to 6 herein.
(3.) MR . Barun Kumar Sinha, learned Counsel for the petitioner submitted that after formation of separate Jharkhand State. Shri Jamshedpur Gujrati Samaj applied for fresh registration and accordingly the said Samaj was registered vide registration No. 129 dated 12.7.2004 under the Societies Registration Act, 1860. Pursuant to that, the Samaj informed the Inspector General of Registration Bihar Patna to transfer their file to the jurisdiction of Jharkhand State, Ranchi. The members of the opposite party Nos. 2 to 6 claimed to be the members of original Gujrati Samaj on the basis of such registration in the year 1972 as also in the year 2004 and they also elected the members of the Executive Committee for the year 2003-04. Assailing the conduct of the members of the opposite party Nos. 2 to 6, learned Counsel explained that as per Rules and Regulation of Shri Jamshedpur Gujarati Samaj, a general meting of the Samaj aught to have been convened for electing 5 members as trustee of majority of votes but the opposite party Nos. 2 to 5 who were the members of the same family, claimed themselves as the members of trustee as if they were elected by the majority votes in the general meeting, yet, they started raising subscription amount from the members of the Samaj for their own benefits on the pretext of renewal of membership of the individual.;