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Madhya Pradesh High Court · body

2001 DIGILAW 489 (MP)

Garima Singh Chhabra v. State of M. P.

2001-07-11

N.K.JAIN

body2001
JUDGMENT By this petition under section 482, CrPC petitioner Smt. Garima Singh, Assistant Professor, Government Holkar Science College, Indore seeks to impugn the order dated 30.1.2001 (Annx. P-1) passed in Criminal Case No. 573/2000 by II Additional Chief Judicial Magistrate, Indore, whereby the learned Magistrate has rejected the application made under section 169 of the Code of Criminal Procedure (for short, 'the Code') by Police Bhanwarkuan, Indore and proceeded to take cognizance against the petitioner for the offences under sections 409, 420, 467,468, 477 read with section 34 and 120B of the IPC. The matter pertains to defalcation of a large sum of Rs. 7,30,662/- of the Government Holkar Science College, Indore, which is an autonomous educational institution owned and controlled by the State Government. Dr. R.S. Shrivastava, the Principal of the College, on receipt of audit report (Annx. P-2) from the Additional Director, College Education, Indore Division, forwarded the same to Police Bhanwarkuan, Indore with its letter dated 19.7.1999. The Police registered a crime under sections 409 and 420, IPC vide FIR (Annx. P-2) dated 20.7.1999 and proceeded with the investigation. Various officials of the college were named in the FIR, responsible for the said defalcation. The petitioner before the Court was also named and it was said that although she was working as Bursar (Auditor or Cashier) in the College, she did not report the matter (said defalcation) to the Principal. The police, after investigation, filed charge-sheet (report under section 173; CrPC) in the, Court only against three persons, namely, C.S. Sakargae, Cashier; Smt. P. Kavishar, the former Registrar and S.S. Badoria, the present Registrar. The petitioner herein was not named in the chargesheet as an accused and it was stated that on investigation, no evidence of her involvement in the crime was found. An application under section 169, CrPC called FR was also filed seeking her discharge. The learned ACJM, however, vide his order dated 30.1.2001, rejected the aforesaid application and proceeded to take cognizance against all the accused persons including the petitioner, for the offences under sections 409, 420, 467, 468 and 477 read with section 34 and 120B, IPC. I have heard Shri A.M. Mathur, learned senior counsel appearing with Shri B. Pandya for the petitioner and Shri G. Desai, learned Dy. A.G. for the respondent-State. `From the audit report (Annx. I have heard Shri A.M. Mathur, learned senior counsel appearing with Shri B. Pandya for the petitioner and Shri G. Desai, learned Dy. A.G. for the respondent-State. `From the audit report (Annx. P-2), it is clear that the defalcation pertains to the period from 25.5.1993 to 1.2.1998, In fact, in the year 1998, the defalcation was in respect of two entries dated 30.10.1998 and 1.12.1998. It is, however, significant to note that the petitioner was posted in the College for the first time on 20.2.1998 (see Annx. P-10). She came on transfer from BKSN College, Shajapur and was appointed as Assistant professor in English subject. Obviously, she had no concern with the financial affairs of the College. However, the Principal of the College, vide his order dated 27.8.1998 (Annx. P-5) deputed her to check totals of the cash book for the year 1998-99. The relevant cash book seized by the Police during investigation merely reveals that the petitioner had put her signature after putting a certificate 'Checked' on the totals arrived at in the cash book of 1998-99. She was not required to make cross checks with the bank whether or not a particular amount has been deposited. As already pointed out she was not an account knowing person and was assigned a limited duty of checking the totalling. It is nobody's case that she had committed any mistake in this regard. There is also absolutely no allegation against her that she herself was responsible for any misappropriation or defalcation of the College funds. It is, further, significant to note that the matter was also examined by the Inspector General of Police, Indore Range who forwarded his report to the SP; Indore on 22.4.2000 (vide Annx. P-9). This report would reveal that the petitioner Garima Singh was in no way responsible for the alleged defalcation. Learned Public Prosecutor also could not and did not point out any evidence whatsoever to connect the petitioner with, the crime in question. The leamed ACJM in my opinion, acted without any material on record to take cognizance against the petitioner. No prima facie case was made out against the petitioner for taking cognizance against her. Her prosecution will, in my opinion, amount to the abuse of process of the Court. The leamed ACJM in my opinion, acted without any material on record to take cognizance against the petitioner. No prima facie case was made out against the petitioner for taking cognizance against her. Her prosecution will, in my opinion, amount to the abuse of process of the Court. Accordingly, I allow this petition, set aside the impugned order dated 30.1.2001 of the Additional Chief Judicial Magistrate, Indore and quash all the proceedings initiated against the petitioner Smt. Garima Singh. A copy of this order be forwarded immediately to the trial Magistrate for necessary action.