NARENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for respective parties and perused the material on record including the one filed along with challan.

(2.) The prosecution case is that a report came to be lodged by one Prateek Daniel Dean on 08.02.2009 at police station Sadar, Jaipur (West), Jaipur. It was stated in the report that The Rajasthan Bible Institute, Mubarak Bagh, Ajmer Road, Jaipur is registered in accordance to the Laws of Registration of Societies (Registration No.129/1973-74 dated 22.09.1973). On 14.09.2007, a meeting of the governing body of the institute was held wherein Narendra Singh was appointed as officiating Joint Director along with Dr.Jwali and a letter in that respect was issued under the signature of the Chairman, Wilson Londe. A decision was also taken in the said meeting that for the purpose of bank transactions, Narendra Singh, Dr. Jwali and Smt. Ponamma Thomas would be the authorized persons. Later on the Chairman of the Board had written a letter to the Bank Manager on 28.02.2008 informing that four persons, namely; Narendra Singh, Vijay Pal Singh, Prateek Daniel and Ponamma Thomas shall be the authorized persons for the transactions in the bank, out of which signatures of three persons shall be necessary for withdrawal of the amount and amongst them the signature of Prateek Daniel, treasurer, is necessary. Thereafter, the petitioner Narendra Singh is said to have started mis-managing the affairs of the institute by trying to tamper with the documents relating to its properties and also by misbehaving with the employees. Consequently, the management board had, on 26.03.2008, brought to an end the services of Narendra Singh as officiating Joint Director. But Narendra Singh did not step down, even after his termination from the post and took help of anti-social elements to have unauthorized hold over the Institute and the employees were not allowed to come for work. Subsequently, Vijay Pal Singh was appointed as Joint Director but he too was not allowed to enter the premises of the Institute. A letter was then Issued to the Bank, by the Chairman of the Board on 07.04.2008, Informing about the termination of Narendra Singh and the appointment of Vijay Pal Singh as officiating Director and also three authorized signatories, namely; Vijay Pal Singh, Smt. Ponamma Thomas and Prateek Daniel for the purpose of operating the bank account. But the petitioner Narendra Singh continued to operate the bank account of the institute and had withdrawn lacs of rupees, with the connivance of Chandra Shekhar Paliwal, Bank Manager, who had totally ignored the instructions issued by the Chairman of the Board. It is alleged that a total amount of Rs.56 lacs has been taken away by the petitioner from the account of the institute. The convener of the institute, Shri C. David, had also informed the bank manager, from time to time, by issuing letters that the service of Narendra Singh as Joint Director has been put to an end. It is also alleged in the report that after 26.03.2008, Narendra Singh had sold away various vehicles belonging to the institute, such as, one Ambulance, two buses and three Tata Sumo jeeps. Further, it is alleged that Narendra Singh had illegally taken into custody the documents with regard to the immovable properties of the Institute situated in villages Sarangpura and Bhambhoria and he is also trying to sell out the dispensary of the Society and other lands. It is mentioned in the report that Narendra Singh is in illegal possession of the premises of the Institute and gradually he is converting its movable and immovable property in his own name, resulting in financial loss of crores of rupees. On the said report, an F.I.R. (45/2009) was registered at police station Sadar for the offence under sections 341, 448, 420, 406, 467, 468, 471, 506 and 120-B I.P.C.

(3.) The preliminary investigation of the case was conducted by Chand Singh, Sub-Inspector, by recording the statement of the witnesses and collecting relevant documents from the institute as well as Deputy Registrar, Co-operative Societies. On the instructions issued by Additional Superintendent of Police (Vig.), Chief Minister, Rajasthan, on 23.02.2009, the investigation was transferred by orders of the Additional Superintendent of Police (Crime and Vigilance), Jaipur Range-Ion 24.03.2009 to Damodar Lal Meena, Deputy Superintendent of Police. He had concluded the investigation and submitted a final report on the ground of absence of the evidence and of civil nature.