SURESH SONI Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicants have been arrested on 08.07.2019 in connection with Crime No. 161/2019 registered by Police Station Multai, District Betul for offence punishable under Sections 406 and 420 of IPC.

(2.) The prosecution has alleged that applicants are running private recognized school in the name and style of Jai Maa Laxmi Devi Higher Secondary School Barai, Tehsil Multai, District Betul had collected the examination fees from 38 students amounting to Rs.79,000/- but the same was not deposited by the school in the account of Board of Secondary Education, Bhopal and used the same for their personal expenses due to which the students have been deprived from appearing in the examination of Class-XII, thus, one academic year of the students has spoiled.

(3.) Learned counsel for the applicants has submitted that the applicants are innocent, they have no nexus with the alleged crime. In the facts of the present case, prima facie, no case, as alleged, is made out under Section 406 and 420 of IPC against the present applicants. In fact applicants deposited the fees amount through KIOSK but the KIOSK has not deposited the amount in the account of Board of Secondary Education, Bhopal. It is further submitted that when the admit cards of the students were not issued, a request letter was written to Divisional Officer but no action was taken thereon.