AJAY KUMAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition is directed against the order dated 17.10.2013 passed in Complaint Case No. 1692 of 2010. arising out of Rajaun P.S. Case No. 131 of 2012 by the learned Chief Judicial Magistrate, Banka, whereby and whereunder learned court below has found that there is no sufficient ground to initiate proceeding against the opposite party no. 2.

(2.) The fact of the case in narrow compass that the petitioner filed a Complaint bearing Complaint Case No. 1692 of 2010 on 07.09.2010 against opposite party no. 2 for offence under Sections 409,420, 467, 468 and 471 of Indian Penal Code. The case of the prosecution in the complaint that petitioner was working on the post of Clerk in the G.P. Jha Girls High School, Singhnan since 12.02.2005. The opposite party no. 2 was also working as Assistant Teacher since 28.09.1994. The Government had granted aid to the said school for making payment of salary to the teaching and non - teaching staff who were working in the school. It is alleged that salary of the petitioner and others employees was not paid. The petitioner learnt that opposite party no. 2 has illegally formed a new committee and prepared the list of teaching and non -teaching staff and wrongly misappropriated the amount granted for payment of salary to the staff working in the school. Further case is that the matter was reported to the President Sri Sudhakar Jha. On 07.07.2010, the President received information through R.T.I. Act and found that opposite party no. 2 after forming a fake committee and showing wrong employment on 26.03.2008 had dishonestly misappropriated Rs. 4,45,800/ - and the petitioner and others could not get any amount.

(3.) On the complaint, the learned Chief Judicial Magistrate had called for a report from the Officer -in -Charge Rajaun P.S. under Section 210 Cr.PC. The Officer -in -Charge had submitted report. After receiving the report the learned Magistrate after examining the complainant on Solemn Affirmation and examined three witnesses adduced on behalf of the complainant as Witness No. 1 namely Sudhakar Jha, Witness No. 2 namely Prem Kumar Jha and Witness No. 3 Durga Prasad Datta dismissed the complaint taking into consideration the statement of the complainant on Solemn Affirmation and statement of witnesses as well as report of the Officer -in -Charge on the ground that enquiry report submitted by the police shows that the complainant was never an employee of the said school and as such there is no question of making payment of remuneration to him out of the allotment provided by the Government. Further taking into consideration the materials available on record, statement of complainant and witnesses and enquiry report, hold that no prima facie case is made out and hence, dismissed the complaint under Section 203 of Cr.P.C.