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Orissa High Court · body

2013 DIGILAW 204 (ORI)

Bhagaban Shadangi v. State of Orissa

2013-07-12

M.M.DAS

body2013
JUDGMENT M.M. DAS, J. All the above mentioned three Criminal Misc. Cases filed under section 482 Cr.P.C. relate to Kharavela Nagar P.S. Case No. 126 of 2011 corresponding to G.R. Case No. 1838 of 2011 pending before the learned S.D.J.M., Bhubaneswar. 2. The petitioners in Criminal Misc. Case Nos. 2004 and 2204 of 2011 are the Directors and employees of the Company registered in the name and style of “i Books College Pvt. Ltd.” and petitioners in Criminal Misc. Case No. 2703 of 2001 are ex-Directors of the said Company -“ i Books College Pvt. Ltd.”. An FIR was lodged by a number of informants which was registered as the above mentioned Kharavela Nagar Police Station Case No. 126 of 2011 for alleged commission of offence under sections 420/406/294/34 IPC. The matter is under investigation. The written FIR lodged before the I.I.C. Kharavela Nagar Police Station reads as follows:- “June 15, 2011. G.R. No. 1838/2011 To The Inspector-in-Charge, Kharavela Nagar Police Station, Bhubaneswar. Sub: First Information Report. Dear Sir, With reference to above, we would like to inform you that being attracted by an advertisement given by I.BOOKS College, situated at I.BOOKS, House 14, Satya Nagar, Bhubaneswar-751007. We along with some other Parents/Students numbering 39 in total have taken admission in the I.BOOKS College during the Academic Session 2010-11 by paying a huge amount with a lot of assurance by the college for better result of our students in Academic as well as Entrance Examinations. But after one year of Study when the result is declared on date 9.6.2011, almost all the students have secured in an average of 35% and also failed in most of the subjects. In this connection, we have to inform you that almost all of the students are highly intelligent and have secured more than 80% in their Class-X Exam. After getting such a bad result of the college, the students started crying and the parents became harassed and meet the Chairman Sri B.B. Sarangi, Vice Chairman, Sri Subhra Kanta Sarangi, Director Sri Satyasai Panigrahi and other officials of the College on 10th of June, 2011 and after a long deliberation between the students and parents in front of the Management at I.BOOKS College Campus, the parents have given a written proposal mentioning a number of suggestions for improvement of studies which they did not agree. Then the students and parents intend to leave the I.BOOKS College and asked the Chairman to give CLC, so that the students can take admission in Class-XII, in any other colleges. But all of a sudden, Shri Satyasai Panigrahi, one of the Directors of the College has misbehaved the students and parents by using un-parliamentary/filthy languages, such as, “Sala Maaghia dala kana chhodiba katha chhoda”. After such type of harassment and behaviour from an institute of repute like I.BOOKS International Brand, the student/parents opted for a press-meet, then the Chairman of the college Sri Bhagaban Sarangi and the Vice Chairman Sri Subhrakanta Sarangi interfered and assured the students/parents to get examination papers re-valued on his own cost and also to handover CLC latest by Tuesday, i.e., dt. 14.6.2011 vide his personal commitment as well as SMS on dt. 11.6.2011. When we asked the Chairman about refund of money deposited by us, the Chairman refused to refund the money instead has threatended us by telling that “you do what ever you like even you can take any legal steps, I have a lot of connection with big political people/police authorities, you cannot do any harm to me or my institution, rather, you will be at problem and the career of your children will be jeopardized”. Instead of handing over the CLC to us as per his commitment, surprisingly, we received a threatening SMS today i.e., on dt.15.6.2011 at about 7.30 A.M. narrating a lot of false allegations accusing the students and parents. In this connection, we would further like to inform you that after being harassed, we enquired about the legal status of I.BOOKS College and the information what we got has made us astonished that this I.BOOKS College has neither taken any approval nor affiliated to any of the Board or University of State or Country. This seems to be a fraud college and has played with the career of the innocent students as well as with the sentiment of the parents by giving false assurance and advertisements. In this way, the management of the I.BOOKS College has defrauded the parents and has given a long of mental trauma to the innocent children belonging to the age group of 15 -16. In this way, the management of the I.BOOKS College has defrauded the parents and has given a long of mental trauma to the innocent children belonging to the age group of 15 -16. We therefore request your goodness to accept this as an FIR and take necessary steps for issuance of a valid CLC from I.BOOKS Collage immediately so we will be in a position to take our child admitted in Class-XII in any other College and return us the total amount deposited by us with I.BOOKS along with the requisite compensation for destroying the careers of our child. We enclose herewith the copies of the extracts of SMS sent by the Chairman I.BOOKS College down loaded from our mobile sets for your kind perusal.” 3. It was contended on behalf of the petitioners that there is absolutely no case made out for the offences for which the FIR has been registered. As a matter of fact, no cognizable offence is made out and, therefore, the same could not have been registered as an F.I.R. by the police. It was further contended that the “i Books College Pvt. Ltd.” never represented that it is an affiliated institution of NIOS ( National Institute of Open Schooling), an autonomous organization under the Ministry of Human Resources Development, Government of India. The petitioners have annexed documents showing that “i Books College Pvt. Ltd.” is a Company registered under the Companies Act and undertakes coaching/tutorial to students for preparing them for entrance examinations to the Engineering and Medical Branch as well as for +2 courses. The Prospectus of “i Books College Pvt. Ltd.”, which has been annexed to one of the Criminal Misc. Case Petitions, shows that the said “i Books College Pvt. Ltd.” has chosen NIOS and the Integra Course to each Ward of the informants, who took admission under the “ i Books College Pvt. Ltd.”. The said course has a single window solution, where the parents are required just to get their children/wards admitted in i Books College and forget the rest. It is undertaken in the Prospectus that i Books College shall facilitate admission to XII-Science of NIOS. Subsequently, i BOOKS shall (a) coach the student for XII-Science/ +2 Science and get the student cleared of same, (b) prepare for IIT/JEE/AIEEE/AIPMT/OJEE and other Entrance Examinations for Engineering or Medical Colleges in the second year. 4. It is undertaken in the Prospectus that i Books College shall facilitate admission to XII-Science of NIOS. Subsequently, i BOOKS shall (a) coach the student for XII-Science/ +2 Science and get the student cleared of same, (b) prepare for IIT/JEE/AIEEE/AIPMT/OJEE and other Entrance Examinations for Engineering or Medical Colleges in the second year. 4. I, therefore, from the above materials, do not find that if the statements made in the F.I.R. are accepted to be true, it does not make out a case for taking cognizance of the offences. Since the matter is under investigation, at this stage, I am not inclined to quash the FIR. However, in the event, any charge sheet is filed against any of the petitioners and cognizance thereon is taken, it would be open for any of the petitioners to challenge such order of cognizance, in which event, the court hearing such application/applications, shall not be influenced by any of the observations made in this order. Further, considering the nature of allegations made against the petitioners, it is directed that in the event, the petitioners surrender before the learned S.D.J.M., Bhubaneswar within a period of one month from today and apply for bail in connection with G.R. Case No. 1838 of 2011 arising out of Kharavela Nagar P.S. Case No. 126 of 2011, they shall be released on bail on such terms and conditions as the learned S.D.J.M. may deem just and proper. 5. In the result, therefore, all the three Criminal Misc. Cases stand dismissed with the directions aforesaid.