AMRESHWAR PRASAD @ AMRESHWAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) LEARNED counsel appearing for the petitioner submits that while the petitioner was holding the post of Incharge, Principal. Godda Homeopathy Medical College, he was put under suspension on 4.2.2006. But while putting him under suspension, no order was passed with respect to handing over the charge and therefore, the petitioner wrote a letter in this regard to the higher authorities for giving directions as to whom charge be given. In the meantime, one Dr. Mathura Prasad who was made Incharge Principal of the said Homeopathy College got the office room of the College opened on 22.2.2006, in presence of Magistrate and thereby an inventory was prepared. wherein it was stated that certain documents/material have been missing and then after two months i.e. in April. 2006 an F.I.R. was lodged under Sections 406, 409 read with Section 120 -B of the Indian Penal Code, Meanwhile on the correspondence made by the petitioner a direction was issued by the Deputy Secretary Health and Family Welfare. Government of Jharkhand to hand over the charge to the Clerk/Head Clerk of the Office which the petitioner handed over on 20th December, 2006 and this, fact was noted by the I.O. during investigation at Para -85 of the case diary, Still charge -sheet was submitted on 31.12.2007. Upon which a cognizance of offence under Section 409 was taken which order has been challenged to be bad in this application.

(2.) LEARNED counsel appearing for the petitioner submits that when all the materials which were found missing on 22.2.2006 had been handed over to the staff of the office, pursuant to the order passed by the higher officers, the petitioner cannot be said to have committed offence under Section 409, particularly when the I.O. has noted this fact in the case diary during investigation.

(3.) HENCE , the order dated 18th November, 2008 passed by the learned Chief Judicial Magistrate in G.R. No. 328 of 2006, is hereby quashed.