MATHURA CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Invoking jurisdiction of the High Court under Section 482, Cr. P.C, the petitioner has prayed for quashing the criminal proceeding as well as the order taking cognizance dated 20.11.91 in Vigilance P.S. Case No. 3/83 (R).

(2.) In order to bring out the point in clear perspective, it may be useful to set out some facts of the case. It is scam studded scenario where at the relevant time the petitioner was posted as District Superintendent of Education at Ranchi, when FIR was lodged alleging, inter alia, involvement of the petitioner with other officers and staff of the office in an offence under Sections 420, 467, 468, 479A, 120B, 149 IPC, Sections 5(2), 5(1)(c) and 5(1)(d) of the Prevention of Corruption Act, 1947, corresponding to Section 13(2) read with Section 13(1)(c)(d) of the Presentation of Corruption Act, 1988 as well as under Section 24/19 of the Bihar Sales Tax Ordinance. It appears that the then Deputy Collector, Ranchi submitted a written report to I.G. Vigilance Bureau on 30.7.1983 alleging misappropriation of huge government amount in the name of purchasing heavy number of stationery items and furniture in the office of District Superintendent of Education, Ranchi during September, 1976 to October, 1980 and in between December, 1980 to July, 1983. It is alleged that those items were on higher rates without the approval of the Purchase Committee as well as in utter violation of the direction of the Education Commissioner, Government of Bihar. Allegation of irregular appointment of number of teachers on the basis of forged signatures has been levelled including defalcation relating to construction of buildings and repairs. On these allegations, the Deputy Collector came to the conclusion that the petitioner along with others in conspiracy with each other committed criminal breach of trust as well as cheating and misappropriation of Government amount. In the FIR names of 23 persons have been mentioned except that of the petitioner but in the body of the FIR the name of the petitioner has been mentioned stating therein that during his tenure i.e. 14th September, 1976 to 29th October, 1980 the petitioner was posted as DSE of Ranchi and taking advantage of his post and position, he alongwith co-accused, Bambahadur Mishra and Ors. misappropriated huge sum of money. It is alleged that the petitioner also forged documents and deliberately disobeyed the Government instructions etc. for his personal gain. On the prayer made by the Investigating Officer, by an order dated 21.5.1986 the Special Judge issued non-bailable warrant of arrest against the petitioner and co-accused Safruddin Ansari. However, on submission made by the Public Prosecutor that till that date there was no specific material against any of the aforesaid two accused persons, provisional bail was granted to them by an order dated 2.6.1986. This provisional bail was confirmed subsequently by an order dated 18.9.1986. After investigation and supervision by the Superintendent of Police, Ranchi, charge-sheet was filed against the petitioner and other co-accused persons and by the impugned order cognizance was taken of the offence under the aforesaid sections of different Acts.

(3.) This application was filed on 13.2.1992 and by an order dated 14.2.1992 case diary was called for. After receipt of the case diary, on 17.3.1992 application was admitted for final hearing but further proceeding in the Court below was not stayed.