MRINAL KANTI ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr B M Choudhury, learned counsel for the petitioner and Mr P Borthakur, learned Additional Public Prosecutor for the State of Assam. Also heard Mr M Nath, learned counsel appearing on behalf of the respondent No. 2.

(2.) The petitioner has filed an application under Sec. 482 CrPC, read with Sec. 397 of the CrPC, against the impugned order dtd. 2/7/2022, passed by the learned CJM, Karimganj, in connection with CR Case No. 620/2017, whereby the learned Magistrate has framed charge under Ss. 166/409 of IPC against the accused petitioner.

(3.) The case of the petitioner is that he is a retired Government Servant and he has retired as In-charge Principal MMMC Girls H S School. One Nani Bhushan Dev instituted a complaint case on 14/7/2017, before the learned CJM, Karimganj, alleging inter alia that he joined as Junior Assistant in the Public High School (now higher secondary school) Karimganj, 8/4/1983. He was subsequently transferred to different schools and lastly to MMMC Girls H S School on 7/7/2010, where he worked as Senior Assistant. The accused petitioner was the Principal In-charge of the said school at that time. The complainant could not hand over the charge on 7/7/2010, as the accused petitioner was not present on that day. On the next day, i.e., 8/7/2010, the complainant handed over charge with lock and key along with some documents which was in his possession, to one Sri Nitu Ranjan Dey, the Junior Assistant of the School, in presence of and on the order of the accused petitioner. The Junior Assistant received the lock and key with the documents after proper verification and endorsed it in presence of the accused petitioner in his office room. Further the complainant on 23/8/2011, sent a letter to the accused with a request for furnishing him copies of his Service Book and allied documents as he required the same for preparation of his pension papers, as he was about to retire on 31/3/2014. Though the accused received the letter on 24/8/2011, vide endorsement on the peon book and subsequently, a reminder letter dtd. 16/4/2014, from the complainant, but he did not respond. The complainant informed the matter to the Inspector of Schools also, but received no correspondence from the accused till filing of the complaint. Further it is alleged that following his release by the Inspector of Schools from Bipin Pal Vidya Niketan on 29/3/2014, he resumed his duty as the Senior Assistant in MMMC Girls H S School on 31/3/2014, as 30/3/2014 was a Sunday and he retired from service on superannuation on 31/3/2014 from the said school.