- (1.) IN this application petitioner prayed for quashing the entire criminal proceeding including the FIR being Nimiaghat P.S. Case No. 80 of 2004 corresponding to G.R. No. 1998 of 2004 (T.R. No. 1282 of 2006) registered under sections 408,420, 409 of the IPC pending in the court of Sub Divisional Judicial Magistrate, Giridih.
(2.) IT appears that a written report was filed by the Joint Secretary of the Managing Committee of Sri Parasnath Digamber Jain High School alleging therein that the petitioner had received Rs. 13,238 / - as cost for filing counter affidavit in W.P(S) No. 2848 of 2004. It is further alleged that he neither returned the said money nor had given voucher or receipt for its utilization and misappropriated the same for his own gain. It is stated that the said school is a government added school. It is also alleged that the petitioner used to collect illegal money from the students for correction of marks obtained in the examination, for which students made complaint against him. On the basis of aforesaid written report, Nimiaghat P.S. Case No. 80 of 2004 under section 408, 420 and 409 of the IPC instituted and police took up investigation. It is submitted by learned counsel for the petitioner that counter affidavit had already filed in W.P. (S ) No. 2848 of 2004 and money receipt regarding the same had also been given to the competent authority. It is submitted that there is two factions in the Managing Committee of the school. The principal of the school is supporting one faction whereas this petitioner is supporter of another faction. It is submitted that because of rivalry between the two factions, this petitioner has been falsely implicated on the behest of principal. It is further submitted that annexure -1/1 will show that the petitioner had filed the counter affidavit in the Hon'ble Jharkhand High Court, whereas Annexure - 2 will show that he had spent Rs. 13,238 for filing counter affidavit. It is further submitted that annexure -3, 3/ 1 will show that the alleged complaint from students Nitesh Roushan and Nandkishore Rana were obtained fraudulently by the principal of the school. It is further submitted that annexure -4, 5 and 6 series will show that there is dispute amongst the members of the Managing Committee. Accordingly, it is submitted that the present FIR has been filed maliciously only with a view to harass this petitioner. Hence, the same is liable to be quashed.
(3.) HAVING heard the submission, I have gone through the record of the case. From the perusal of the FIR, I find that if the allegation made therein remain un -rebutted then the offences of criminal breach of trust and cheating made out.;