BINDESHWARI PRASAD ROY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) <DJG>RONGON MUKHOPADHYAY,J.</DJG> In this application, the petitioner has prayed for quashing the entire criminal proceedings in connection with Complaint Case No. 416 of 2002 including the order dated 24.02.2014 passed by the learned Chief Judicial Magistrate, Ranchi whereby and where under cognizance has been taken for the offence punishable under Sec. 406 of the Indian Penal Code as also the judgment dated 29.11.2014 passed in Criminal Revision No. 92 of 2014 by which the revision application preferred by the petitioner against the order dated 24.02.2014 was also dismissed.

(2.) A complaint case was instituted by the opposite party No. 2 in which it was stated that the complainant was initially appointed as Lecturer and posted at St. Columbus College, Hazaribagh, from where he was transferred to Post Graduate Department of Sanskrit, Ranchi University, Ranchi and was promoted to the rank of Reader and then to University Professor.

(3.) It has been averred that after one year according to the rule the complainant started continuing with 10% deduction of his salary pay per month in the Provident Fund Account in the United Bank of India, Hazaribagh. Subsequently, the Provident Fund amount was transferred to S.B./P.F. A/C No. 50 of United Bank of India, Ranchi. It has been stated that the complainant took an Insurance Policy from L.I.C. of India with yearly premium of Rs. 301.00 only from the Provident Fund Account of the petitioner. The policy was pledged to Registrar of Ranchi University who had ordered the office to pay the premium of the Policy from the account of Provident Fund which was contributed regularly by the complainant. It is alleged that although the L.I.C. Policy matured on 31.12.1991 but the same have lapsed on account of non-payment of the premium from his Provident Fund Account. Subsequently complainant could learn that on non-payment of the L.I.C. premium in time the Policy had lapsed in the year 1999. The complainant has further alleged that criminal breach of trust has been committed by the accused persons for not depositing the Provident Fund amount deducted from his salary to the L.I.C. Office.