RAM PRATAP YADAV Vs. STATE

JUDGEMENT

(1.) This application under Sec. 482, Cr. P.C. has been filed for quashing the charge-sheet submitted in Case No. 1286 of 1987, pending in the Court of A.C.J.M. IV, Faizabad (Case Crime No. 504 of 1996 under Sections 379/406/408/420, I.P.C., P.S. Tarun, district Faizabad).

(2.) The prosecution case as disclosed in the first information report lodged by Mitrasen Yadav, Manager, Kisan Uchchatar Madhyamik Vidyalaya, Bankata, Faizabad, on 31.12.1996, is that while inspecting the school along with Gyanendra Prasad Yadunandan and other teachers he found that the applicant-accused Ram Pratap Yadav was absent. On inquiry he was informed by other teachers that the accused frequently absented from the school and some time he did not attend the school for a month. The Manager then tried to inspect the office but he was informed that the accused has stealthily shifted the record to his house. On inspection he detected that by-laws, registration certificate, agenda register, scholar register, cash book and character roll register etc., pass book, cheque book and other documents were missing. He was informed that the accused appended his signatures in the attendance register at his house, without attending the school and made false entries in documents and registers.

(3.) The police registered a case. During investigation the Investigating Officer recorded the statements of Mitrasen Yadav, Manager, Subedar Yadav, lecturer, Ram Naresh Maurya, Vice-Principal, Tilakdhari, teacher in junior section, Hari Om, head clerk, Ram Bharat Yadav, head clerk, Gajraj Yadav, teacher, Gyanender Yadav and Yadunath Yadav. On the basis of the statements recorded during investigation the police submitted charge-sheet.