BIRENDRA SINGH JAISAWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant application has been filed for quashing the Order dated 15.07.2008 passed by Sessions Judge, East Singhbhum in Cr. Revision No. 70 of 2008 by which the revision was dismissed upholding the order dated 18.03.2008 by which order taking cognizance was passed by the then Judicial Magistrate, 1st Class in C 1 Case No.126 of 2007.

(2.) The short fact of the case, is that informant was Life Member of U.P. Sangh, a registered society running a school in the name and style as "Moti Lal Nehru Public School" within Bistupur town, Jamshedpur. The society has its accounts in several banks with huge amount of deposit. Chandra Dutt Dwivedi, the then Secretary of Sangh and Sri Ram Govind Tripathy and others with a malafide intention to misappropriate the amount of the Sangh deposited in the bank, conspired with each other and formed a trust named Motilal Nehru Memorial Education and Charitable Trust without seeking the consent and knowledge of the life members. A deed was also executed on 06.11.2003 in the Registry office at Jamshedpur. When the matter came to the knowledge of the Life Members as well as Executive Committee, they called an emergent meeting on 13.11.2003 in which Chandra Dutt Dwivedi, Ram Govind Tripathy and others were suspended from the membership of the said U.P. Sangh. The further allegation is that accused persons had withdrawn a sum of Rs.37,41,000/- by different cheques for their personal use in the name of Motilal Nehru Teacher's Training College and allied institution by way of executing a sale deed on a consideration of Rs.26,29,500/- on 03.12003 at Seraikella and a sum of Rs.13,58,500/- was also withdrawn by means of three bearer cheques from the Bank deposit of U.P. Singh. A Special meeting was convened on 28.12003 where it was decided that accused persons were rightly suspended from the U.P. Sangh for such illegal act and a committee was also set up to enquire into the affairs of the accused persons in purchasing the aforesaid land. The committee submitted its report holding accused persons guilty and responsible for the same. F.I.R. was also lodged for these irregularities committed by the accused persons. The Police after investigation submitted final report on 30.12006 stating it as mistake of fact. On 20.01.2007, Informant filed a Protest-cumComplaint petition before the Court of Chief Judicial Magistrate which was registered as C-1 Case No.126 of 2007, the same was transferred to the court of Sri Y.K. Singh, the then Judicial Magistrate, 1st Class, Jamshedpur who made an enquiry under Section 202 of the Code of Criminal Procedure and passed detailed order on 17.04.2007 and took cognizance of the offence and issued processes upon the accused petitioners. Accused persons filed criminal revision being Cr. Revision No. 193 of 2007 before the Sessions Judge who by order dated 20.09.2007 was pleased to set aside the order dated 17.04.2007 passed by Sri Y.K. Singh, the then Judicial Magistrate, 1st Class, Jamshedpur with a direction that Chief Judicial Magistrate would be required to take up the fresh matter and pass the order in accordance with law. The then Chief Judicial Magistrate again passed the order on 25.09.2007 and after discussing the evidence and statement recorded by the Investigating Officer in G.R. Case No.677 of 2004 in which Investigating Officer had submitted the final report as mistake of fact, the Chief Judicial Magistrate neither accepted the final report nor rejected it but sent the case record again to the court of Sri Y.K. Singh, Judicial Magistrate, 1st Class to proceed on protest-cumcomplaint petition of informant. The court of Sri Y.K. Singh, Judicial Magistrate, 1st Class again recorded the solemn affirmation of complainant on 211.2007 and his witnesses on 001.2008 and passed an order on 18.03.2008 taking cognizance of the offence under Sections 468, 471/34 of the Indian Penal Code against the accused petitioners and issued the process for their appearance.

(3.) Aggrieved by the above order, petitioners again filed a revision being Cr. Revision No.70 of 2008 but the same was dismissed on 15.07.2008 on the ground that no legal requirement imposed upon the Magistrate for passing the order while issuing summon and as such the order does not suffer from any infirmity.