LAXMI KANT MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioners have come to this Court under Section 482 of the Code of Criminal Procedure (for short Cr. P. C.) for quashing the entire proceeding including the order dated 25th June, 1987 passed by Shri A. K. Sarivastava, Judicial Magistrate, 1st Class, Muzaffarpur, by which he has taken cognizance of the offences under Sections 120-B, 420, 465 and 409 of the Indian Penal Code (for short I. P. C.) and issued summons to the petitioners.

(2.) A complanit was filed on 23-11-1984 by one Redhey Shyam Sharma (opposite party no. 2) in the court of the learned Judicial Magistrate 1st Class, Muzatlarpur, stating that the petitioner No. 1 being the Vice-Chancellor of the Bihar University and peitioner No 2 his Personal Assistant arranged a meeting of Bihur University Syndicate on 13-6-1984 at Raxaul and went to Birganj (Nepal) where petitioner Nos. 1 and 2 purchased two typewriters of Japanese made and smuggle the same which act of theirs is subject matter of the present complaint. Thereafter the accused managed to obtain cash memo of a fictitious firm M/s. Desh Bandhu Traders, Mehsaul, Sitamarhi alleged dealers of custom goods showing the price of the two typewriters at Rs. 3070 and duty charge Rs. 3070, the total being Rs.7140 that in reality no duty charges was paid by the accused to the said alleged dealers though they drew the amount of Rs. 7140 from the Bihar University Fund in the name of P. P. Singh, P. A. to petitioner No. 1 by cheque No. CZ/21-997468, dated 16-8-1984 from the State Bank of India, Bihar University against the duty charge the said shop named M/s. Desh Bandhu Traders was not in existance.

(3.) During the course of enquiry, on the basis of the complaint, the complainant examined four witnesses. Indrajit Ishwar being a member of Syndicate, who said that he had seen the purchase of ths two typewriters P. W. Raghunath Jha, who was the then Registrar of the University, supported the complaint's case and payment of Rs. 6140 on the direction made by petitioner No. 1 P. W. 3 Dr. Nand Kishore Sharma, Lecturer stated to the effect that no shop like M/s. Desh Bandhu Traders existed. Payment was made to the petitioner No. 2 personal assistant to petitioner No. 1 who has signed the same. P.W. 4 Bishundeo Ram was the Finanace Officer of the University who had objected to the said payment. After examination of the witnesses the court felt essential for calling for a report from the Assistant Collector, Customs, Muzaffarpur and so an order was passed on 15-6-1987 as follows :