LAXMAN SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner, Laxman Sahu has preferred this petition under section 482 of the Code of Criminal Procedure for quashing the order-dated 18-1-2006 passed by Sri.Ramesh Kumar Srivastava, Additional Sessions Judge, F.T.C. I Gumla in Cr. Rev. No. 10 of 2005 whereby and whereunder, he upheld the order dated 2-4-2005 passed by the Sub-Divisional Judicial Magistrate, Gumla rejecting the prayer of the petitioner for discharge.

(2.) The brief fact of the case is that the petitioner Laxman Sahu, the then Principal of Baijnath Jalan College, Sisai presented a written report before the Sisai police station stating therein that one Laxman Mahto was posted as Assistant in his college and one Paltan Sahu was also posted in the said college as peon to assist the accused Laxman Mahto in the Welfare Department of the said college and the informant alleged the complicity of the accused, Paltan Sahu in the embezzlement and defalcation of scholarships amount in the Nagpheni Branch of Khetriya Gramin Bank, Ranchi for the period as well as the bank account mentioned therein. It was alleged that Paltan Sahu was operating the bank account by putting forged signature of the Principal and he also obtained the order of the Welfare officer, Gumla that the payment of scholarships will be made through account of the Principal of the said college to which the informant had no such information at all at earlier occasion. The financial irregularity was detected only on 18-12-2001 when the students raised the matter about the delay in payment of their scholarship and he along with Laxman Mahato(Co-accused) assistant in the Welfare Department of the College enquired into the matter in the Nagpheni Branch of Khetriya Gramin Bank and acquainted with the facts. The Branch Manager as well as Laxman Mahto expressed their ignorance about such defalcation and irregularity in payment. It is further stated that Paltan Sahu was called upon and he confessed his guilty in writing. The informant explained that the scholarship with the advice list and the names of the beneficiaries were being forwarded to the Principal of the college, who used to deposit the amount in the account of the college with the instruction to the. Branch Manager of the Bank to credit the amount in the respective accounts of the beneficiaries students and therefore, there was no justification to open any separate account in the name of the Principal. Upon such preliminary enquiry the informant had reason to believe that in furtherance of common intention the peon,Paltan Sahu of Sisai College, the then Bank Manager and cashier of bank Nagpheni branch had given effect to the occurrence and embezzled the amount. The Principal informant declared that he had not opened any account in his name because it was not at all required. By depositing as many as five documents including the confessional statement of Paltan Sahu he requested the Sisai Police station to investigate into the matter and to take legal action against the culprits.

(3.) The police after investigation submitted charge sheet against Paltan Sahu, pending investigation against the other accused persons. After framing of charge the trial proceeded. The informant was also examined as prosecution witness but the petitioner and two others were summoned under section 319 of the Code of Criminal Procedure on the basis of the materials collected on record. It was detected that a sum of Rs.14,97,680/- was withdrawn, which were deposited in the name of the informant-principal Lakhan Sahu, unauthorizedly though the petitioner has challenged and questioned his signature on such instrument by which the withdrawal was made but that has to be examined in course of the trial.