ARJUN DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SOMETIMES it happens that when the Magistracy does not apply its mind properly and judiciously, culprits go scot free. This is an instance of such type of cases.

(2.) THERE was a first information report lodged by Avadh Behari Bajpayee Inspector of Schools, Bikaner. In this first information report, the inspector of schools had mentioned that the petitioner was Head Master of Government Bhatad Middle School, Gangashahar. Under orders of the Director of Schools, a preliminary enquiry was held as a result of which it was found that salary of one Jethu Singh, teacher was drawn and disbursed by fabricating his signatures. According to the report, Jethusingh had not attended the school after August 1, 1971. It was further alleged that certain amounts of medical bills of Jethu Singh were also misappropriated by the petitioner by forging signatures of Jethu Singh. It was also alleged that the petitioner 'forwarded certain medical bills by forging signatures of Badridas, former teacher of the school. The next allegation was that full amount of medical bill of Raju Singh was disbursed by the petitioner. Salary of Ravindra Kumar teacher was drawn for the month of January, 1972 but signatures of Ravindra Kumar were not obtained regarding its disbursement to him. The next allegation was that some forged transfer certificates were issued by the petitioner in favour of four persons. THERE were also allegations that scholarship amounts were not disbursed to the concerned students and the amounts thereof were misappropriated by the petitioner. THERE were also some cases in which alterations were made in the results of some students. After investigation, the police filed charge sheet against the petitioner, Bhagwan Das, Jethu Singh, Badri Das and Ranjit Lal for the offences u/ss 467, 468, 409, 420, 120b and 477-A I. P. C. The Judicial Magistrate No. 1, Bikaner by his order dated July 2, 1979 discharged all the accused persons except the petitioner. The primary reason given by the Judicial Magistrate in his order is that in the first information report lodged by Avadh Bihari Bajpayee, only the name of the petitioner was mentioned as the person concerned who had defalcated various amounts and no allegations were made therein as against other persons namely Arjun Das, Bhagwan Das, Jethu Singh, Badri Das and Ranjit Lal.