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2016 DIGILAW 1323 (ALL)

Chhiteshwar Tiwari v. State of U. P.

2016-04-08

RAM SURAT RAM (MAURYA)

body2016
JUDGMENT Ram Surat Ram (Maurya),J. 1. Heard Sri Om Prakash Ojha, for the petitioner, A.G.A. for State of U.P. and Sri Bhuvnesh Kumar Singh, for the caveator. 2. This petition has been filed for setting aside the orders of Chief Judicial Magistrate, dated 14.04.2015, dismissing the application of the petitioner under Section 156 (3) Cr.P.C. and Additional Sessions Judge, dated 30.10.2015, dismissing the revision of the petitioners against aforesaid order. 3. The petitioner filed an application (registered as Criminal Misc. Case No. 157 of 2015) under Section 156(3) Cr.P.C. for direction to Police of Police Station Sahatwar, district Ballia to register FIR against Lakshman Thakur (Retired Principal), Hriday Narain Rai (Head Clerk), Basic Shiksha Adhikari, Finance and Account Officer and Assistant Finance and Account Officer, Ballia under Section 409 , 419, 420, 467, 468, 471 read with Section 120-B IPC and investigate the matter. It has been stated in application that there was a society in the name of Shree Pachev Devi Rajmuni Devi, Uchchtar Madhyamik Vidyalaya Bahuara (Bigahi), tahsil Bansdeeh, district Ballia, registered under the provisions of Society Registration Act, 1860 since 24.12.1977. The society was running a Junior High School which was receiving grant-in-aid and an Intermediate College, which was recognized but unaided. The petitioner was elected as the Manager of Committee of Management, on 15.02.2009. His signatures were attested by District Inspector of School, Ballia on 05.06.2009. The petitioner fell ill on 22.06.2011 due to paralysis attack and admitted to Galaxi Hospital at Varanasi. He was unable to move or make signatures for about two years. Lakshman Thakur was posted as Principal of the college and retired on 30.06.2014. Hriday Narain Rai was posted as Head Clerk in the college. They, by fabricating the signatures of the petitioner on salary bill of the employees of the college, in collusion with Basic Shiksha Adhikari, Finance and Account Officer and Assistant Finance and Account Officer, Ballia withdrew salary of the employees for a period of one year and thus embezzled government money. Apart from it they also operated Development Account of the College in Bank by his fabricated signatures. The petitioner gave information in this respect to Higher Officer and also a complaint to Police Station but no action was taken. The petitioner also gave an application to Superintendent of Police Ballia on 22.02.2015 through registered post. 4. Apart from it they also operated Development Account of the College in Bank by his fabricated signatures. The petitioner gave information in this respect to Higher Officer and also a complaint to Police Station but no action was taken. The petitioner also gave an application to Superintendent of Police Ballia on 22.02.2015 through registered post. 4. Chief Judicial Magistrate called for a report from local police, who submitted its report dated 15.03.2015, stating therein that amount of salary bill of the employees and teachers was directly sent in the account of the employee and not in account of the College. Development Grants Account of the college has no balance since 26.09.2011 to 31.12.2013. Dispute relating of Office Bearers of Committee of Management of the society is going on before Assistant Registrar, Chit, Society and Firm, Azamgarh. 5. Chief Judicial Magistrate, after hearing the arguments of the petitioner, by order dated 14.04.2015, held that dispute relating of Office Bearers of the Committee of Management of the society is going on before Assistant Registrar, Chit, Society and Firm, Azamgarh, due to which this application has been filed. Dispute between the parties is of civil nature which could be litigated before competent civil court. On this findings, he dismissed the application. The petitioner filed a revision (registered as Criminal Revision No. 132 of 2015) against the aforesaid order. Additional Sessions Judge after hearing the parties affirmed the findings of Chief Judicial Magistrate and dismissed the revision by order dated 30.10.2015. Hence, this petition has been filed. 6. I have considered the arguments of counsel for the parties and examined the record. Admittedly the society is running a Junior High School which was receiving grant-in-aid and an Intermediate College, which was recognized but is unaided. In view of Section 16-A of Intermediate Education Act, 1921, Statutory Scheme of Administration is applicable, in which term of Officer Bearers of Committee of Management was three years. A perusal of Annexure-2 and 3 of the petition shows that last election, in which the petitioner was elected as Manager was held on 15.02.2009 and his signatures as Manager were attested by District Inspector of Schools, Ballia on 05.06.2009 for a period of three years only. Thus his terms came to an end on 14.02.2012. A perusal of Annexure-2 and 3 of the petition shows that last election, in which the petitioner was elected as Manager was held on 15.02.2009 and his signatures as Manager were attested by District Inspector of Schools, Ballia on 05.06.2009 for a period of three years only. Thus his terms came to an end on 14.02.2012. Thereafter, a fresh election was held on 19.02.2012, in which Smt. Suman Devi was elected as the Manager of Committee of Management, whose signatures were attested by District Inspector of Schools, Ballia on 09.08.2012. Since then she had been discharging function of Manager of Committee of Management. Since, the college has statutory recognition up to Intermediate level under Intermediate Education Act, 1921 and has statutory Scheme of Administration according to provisions of Section 16-A of this Act. As such election of Smt. Suman Devi can be challenged before Regional Level Committee only. The petitioner has challenged election of Smt. Suman Devi before Assistant Registrar. The petitioner has not disclose as to when his signature were fabricated and used for withdrawing salary of employee or to operate other account of the College and has not filed any evidence to show his signatures on the salary bill was fabricated. When signatures of Smt. Suman Devi were attested by District Inspector of Schools, Ballia on 09.08.2012, then there was no need to her or the proposed accused to fabricate signatures of the petitioner during last one year from date of filing of the application. Various allegations have been made regarding enrollment of Smt. Suman Devi as member of the Society and her election as the Manager of Committee of Management but this Court is not inclined to deal these issue for the reason that no such allegation has been made in the application under Section 156 (3) Cr.P.C. against Smt. Suman Devi. The fact remains that she was elected as the Manager on 19.02.2012 and her signatures were attested by District Inspector of Schools, Ballia on 09.08.2012. Since then she had been discharging function of Manager of Committee of Management. Her election has not been set aside till today. The Courts below rightly held that it was a simple civil dispute between the parties. The application has been filed on false allegations and has rightly been dismissed. 7. In view of aforesaid discussions, this petition has no merit and is dismissed.