BRIJENDRA SWAROOP JAISAWAL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist, learned counsel for the opposite party No.2 as well as learned AGA for the state and perused the material placed on record.

(2.) By means of instant criminal revision, the accused-revisionist has assailed impugned order dtd. 12/11/2022, passed by Additional Chief Judicial Magistrate, Second, Gorakhpur, in Criminal Case No.5289 of 2017 (State vs. Brijendra Swaroop Jaiswal), under Sec. 419, 420, 467, 468, 471, 504, 409 IPC, Police Station Shahpur, District Gorakhpur, whereby the discharge application moved by the revisionist has been dismissed.

(3.) The factual matrix of the case in brief, relevant for the present revision are that the informant, who is respondent No.2 before this Court, lodged an FIR on 14/4/2017 against revisionist accused with averment that he is Manager of Kanhaiya Junior High School, Shahpur, Geeta Vatika, Gorakhpur. He had arrayed Brijendra Swaroop Jaisawal, as accused, who was posted as Head Master in said school on 8/11/2016 for committing indiscipline and financial irregularities. However, he appended his signature on attendance Register during period of suspension on 17/3/2017 and trespassed into office and abused the clerk and assistant Head Master. The suspended Head Master Sri Brijendra Swaroop Jaisawal was asked to open Head Master room on many times but he did not made the key of the chamber available. The manager/informant brought this fact to the knowledge of Sub Divisional Magistrate, Gorakhpur and departmental officers. On directions of SDM, Sadar, Sri Shashank Shekhar Rai, Nayab Tehsildar, Gorakhpur visited the office of the school and got the chamber of Head Master unlocked on 22/3/2017. On intensive inquiry of said room, many documents related to school work were not found therein. The suspended Head Master misplaced the files relating to approval of service book of ten employees, scholarship distribution register, records relating to recognition, with malafide intention, which amounts to criminal breach of trust. Many fake and forged documents were found during inspection of Head Master's chamber, which were sealed in the presence of Magistrate. The FIR was lodged against the revisionist under Sec. 419, 420, 467, 468, 471, 504, 409 IPC and the police investigated the case and recorded statements of the informant- Acting Head Master, Sri Chandrabhan Singh, Teacher of Kanhaiya Junior High School and Sri Anil Chaudhary, Sri Krishna Kant Sharma, Sri Ram Surat Patel- office clerks, Sri Inarmal Prasad, Sri Rajesh Maurya, office attendants and other witnesses and collected some documents during investigation and after finding the complicity of the accused, submitted chargehseet against him with prayer to prosecute him before the court in said Sec. .