PREM SAGAR KESHRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this petition, the petitioner has prayed for quashing the order dated 28th March, 2005, whereby learned Chief Judicial Magistrate, Ranchi has taken cognizance against the petitioner for the offences under Sections 409, 420 and 34 of the Indian Penal Code. He has further prayed for quashing the order dated 2nd March, 2007, whereby learned Sub Divisional Judicial Magistrate, Ranchi has rejected the application filed by the petitioner under Section 239 of the Code of Criminal Procedure.

(2.) PROSECUTION case is that the informant as well as other eight girls, who had been studying at M. M. Public Welfare School and College, whose names are mentioned in the first information report, had deposited Rs.3,012/ -, each, against admission fee, registration fee, promotion test fee, forwarding charge, examination fee form and annual fee of two years. They were told by the Principal that the admit cards would be handed over to them in time for appearing in the Intermediate Examination. But when the complainant and others went to get their admit cards for appearing in the Intermediate Examination, admit cards were not issued to them. The victim students were, thus, prevented from appearing in the examination, which has adversely affected their future career. It has been alleged that the Principal of the said school has committed offence of breach of trust and cheating.

(3.) I have heard learned counsel for the parties and considered the facts and material on record as well as the submissions made by learned counsel for the parties.