H.C.MISHRA, J. - (1.) HEARD the learned senior counsel for the petitioner and the learned counsel for the State.
(2.) THE petitioner is aggrieved by the order dated 1.9.2012 passed by the learned Sub Divisional Judicial Magistrate, Ranchi, in G.R Case No. 3287 of 2006, whereby, the application filed by the petitioner for discharge under Section 239 of the Cr.P.C., has been dismissed by the learned Court below, holding that after investigation, the police had submitted the charge -sheet and cognizance was taken against the petitioner for the offences under Sections 418, 420, 467, 468, 471 and 201 of the Indian Penal Code, in view of the allegation against the petitioner that without any approval from the Government, he had kept 13 persons in the college on daily wages basis and permitted them to continue till the regular appointments are made and also misappropriated the Government money to the tune of Rs.50,00,000/ -(rupees fifty lakhs). It is stated in the impugned order that though the petitioner had filed certain documents with the petition, but those documents could not be taken into consideration at this stage, as the evaluation of the evidence could be done only after trial. The Court below accordingly, dismissed the application filed by the petitioner and the case was fixed for framing of charge. The facts of the case lie in a short compass. Petitioner has been made accused in Doranda P.S. Case No. 248 of 2006, corresponding to G.R No.3287 of 2006 for the offences under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code. The petitioner at the relevant time was posted as In -charge Principal of Government Homeopathic Hospital, Godda. The FIR was lodged on the basis of a letter dated 25.9.2006, addressed to the Officer In -charge, Doranda Police Station, by the Deputy Director, Health Indigenous Department, Government of Jharkhand, Ranchi, whereby, it was informed that the petitioner had made interpolations in the Departments letter No. 32(1) dated 24.3.2005 which was issued by the Under Secretary, Health Department on the subject "Dinank 28.2.2004 ko Mahavidyalaya ke prachar avum udghatan karya par hone wale kharch ki sweekriti ke sambandh me and he changed the subject of the said letter and showed approval of the two letters issued by him bearing letter No. 45 of 2004 dated 1.3.2004 and Letter No. 48 of 2004 dated 5.3.2004 by the Departments said letter No. 32(1) dated 24.3.2005, which was actually issued on totally a different subject. It was further alleged that 13 persons were engaged on daily wages basis by the petitioner until the permanent appointment was made, and the petitioner had also committed defalcation of Rs.50,00,000/ -of the Government fund and in order to cover of the same, the interpolations were made in the Departments said letter dated 24.3.2005. It was also pointed out in the FIR that in the file movement register, it was shown at sl. No. 307 dated 10.3.2004 that the file related to this letter was handed over to the OSD, and at the relevant time, petitioner was working as OSD in the Department. The said file bearing No. 1/Misc./03/2004 was traceless from the Department, which showed that after issuance of the letter No.32(1) dated 24.3.2005 from the file, the file was made traceless by the petitioner. In the FIR it was also mentioned that the concerned routine clerk, Smt. Satya Gandhi had given in writing to the Joint Secretary of the Department that the Departments letter No. 32(1) dated 24.3.2005 was issued by her and she had made it available to the petitioner, Dr. Amreshwar Prasad, hand to hand, which was on the subject "Dinank 28.2.2004 ko Mahavidyalaya ke prachar avum udghatan karya par hone wale kharch ki sweekriti ke sambandh me . It was alleged that the petitioner had made irregular purchases and thereby, had committed the defalcation of Rs.50,00,000/ -and had engaged 13 persons in the college on daily wages basis without the approval of the State Government.
(3.) ON the basis of the said letter dated 25.9.2006, the FIR was lodged against the petitioner for the alleged offences under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code. It also appears that after investigation, the police submitted the charge -sheet against the petitioner and cognizance was taken as aforesaid by the learned Chief Judicial Magistrate, Ranchi, and the case was sent to the Court of learned SDJM, Ranchi, for further proceedings, where the petitioner filed the application under Section 239 of the Cr.P.C., for discharge, which was rejected by the learned Court below by the impugned order.;