SHIROMANI SHARMA Vs. GHANSHYAM SHARMA

JUDGEMENT

(1.) This miscellaneous criminal case has been instituted on an application under Section 482 of the Cr.P.C. filed on behalf of petitioner Smt. Shiromani Sharma. It is directed against the order dated 26.5.2012 passed by the Court of 5th ASJ, Bhopal in Cr.R.No.513/2010, whereby the order dated 03.08.2010 passed by the Court of JMFC, Bhopal in R.T.No.770/2005 declining to frame charge under Sections 420, 406 and 120-B of the IPC, was affirmed.

(2.) Petitioner Smt. Shiromani Sharma filed a complaint under Section 200 of the Cr.P.C. in the Court of JMFC, Bhopal against respondents Ghanshyam Sharma, Prakash Sharma, Nutan Jha and Abdul Rasheed Khan for the offence punishable under Sections 420, 406 and 120-B of the IPC. As per the complaint, respondent no.1 Ghanshyam and respondent no.2 Prakash were step sons of petitioner complainant Smt. Shiromani Sharma. Respondent no.3 Nutan Jha is sister-in-law (Nanand) of complainant/petitioner and respondent no.4 Abdul Rasheed Khan is former Pension and Finance Officer of Municipal Corporation, Bhopal. Shivdutt Sharma, husband of complainant petitioner Smt. Shiromani, was Sub-Engineer in Municipal Corporation, Bhopal. He suddenly expired on 12.11.1981. An amount of Rs.45,401.44/- was deposited in the Municipal Corporation, Bhopal by way of G.P.F. and gratuity of her husband Shivdutt. Respondent no.1 Ghanshyam worked in the State Bank of India, Bhopal as a clerk and respondent no.2 Prakash worked in Municipal Corporation, Bhopal. Respondent no.2 Prakash has since expired. During his lifetime, he had brought Provident Fund and Gratuity Register of the Municipal Corporation, Bhopal at home and had persuaded petitioner complainant Smt. Shiromani Sharma to sign aforesaid register on the promise that thereafter she will get the amount of the G.P.F. and gratuity; however, no amount by way of G.P.F. and gratuity was ever paid to her. Likewise, respondent no.1 Ghanshyam persuaded her to open an account no.7935 (Folio No.83/122) in the State Bank of India on the false promise that gratuity and G.P.F. amount would be deposited in that account; however, no such amount was ever deposited in that account. Respondent No.3 Nutan Jha extracted gold ornaments weighing 8 tolas and silver weighing 5 kgs from her on the promise that she will get those ornaments deposited in a bank locker; however, the ornaments were not deposited in the locker but were handed over to respondent no.1 Ghanshyam. In the same manner, respondent nos. 1 and 2 at the behest of respondent no.3 sold the Fiat Car, which belonged to Shivdutt and his father, for Rs.40,000/- and misappropriated the amount. Complainant Shiromani Sharma lived with respondent nos. 1 and 2 till 03.12.1989. Thereafter, they left her house. The complainant lodged a report against respondent nos. 1 to 4 but the police did not register any offence. On 18.02.1990, respondent no.3 Nutan Jha came to the house of the complainant Smt. Shiromani and expressed her intention to take away the cot. Thereafter, respondent nos. 1, 2 and 3 forcibly carted the house-hold items away in a Matador. Complainant lodged a report in Mangalwara police station. Police gave her a signed acknowledgment; however, no action was taken. Aforesaid acts of respondent nos. 1 to 4 are punishable under Sections 120-B, 406 and 420 of the IPC.

(3.) In support of aforesaid complaint, complainant got herself and witness N.P. Vishwakarma examined under Section 200 of the Cr.P.C.. On the basis of those statements, trial Court took cognizance of offence punishable under Sections 420, 406 and 120-B of the IPC. Thereafter, evidence before charge of complainant Shiromani and her witness was recorded; however, by order dated 03.08.2010, the trial Court held that no offences were made out against the respondents; therefore, they were discharged.