The High Court of Allahabad today dismissed an application filed under section 482 of Code of Criminal Procedure for quashing of criminal proceedings against the accused charged for documents prepared for distribution of scholarship falsely and fraudulently along with irregularities in mid-day meals to the students.
The matter was heard in the chamber of Justice Sudhir Agarwal, Allahabad High Court, whereby Applicant-accused namely “Umesh Chandra Saxena” filed an application with a prayer to quash his case under Sections 420, 218, 471 IPC pending in the Court of Judicial Magistrate Ist Class, Thakurdwara, Moradabad.
The accused-applicant was appointed as Assistant Teacher in Prathmik Vidyalaya Bhadgawan, District Moradabad. Applicant was transferred from time to time with orders passed by Assistant Basic Education Officer (“ABEO”) Bhagatpur Tanda, District Moradabad, applicant while working at Primary School Chatarpur Nayak was directed to join Primary School Bhagatpur Tanda. On the demand raised by Primary School, Bhagatpur Tanda, a sum of Rs.1,15,500/- as scholarship was credited to the account of Gram Panchayat meant for 385 students in the financial year 2003-04. ABEO wrote a letter to applicant seeking details of distribution of mid-day meals and scholarship to the students of Primary School Bhagatpur Tanda. Said enquiry was made probably on some complaint made by parents of students to the District Magistrate, Moradabad against Gram Pradhan of Village Bhagatpur Tanda alleging about the irregularities in distribution of scholarship and mid-day meal to the students in the year 2003-04. A fact-finding enquiry was conducted by District Social Welfare Officer (DSWO) and District Backward Class Welfare Officer (DBCWO) of Moradabad in which members of the Gram Panchayat of village including Gram Pradhan were held guilty of embezzlement of government revenue and recommended recovery of Rs.1800/- and also departmental enquiry against them.
Thereafter, a FIR was lodged against the members of the Gram Panchayats including Gram Pradhan on the said report of DSWO and DBCWO which states that the complaint was related to distribution of scholarship meant for students of minority class. The Number of students to whom scholarships were to be given i.e 385 did not match with figure given in the complaint, in as much as, 381 students were said to have been given scholarship. Also, it was mentioned in the complaint that students failing in their academics were given scholarships instead the bright students. In a nutshell, it was found by Enquiry Officer that at the time of disbursement of scholarship, fake admissions in two schools were made in connivance with Gram Panchayat’s members, who had misused their authority and in connivance with each other have embezzled public government money which is required to be recovered. District Magistrate, Moradabad and District Panchayat Raj Officer, Moradabad issued notice to the alleged members and order recovery of Rs.1800/- from parents of the students failing which it shall be recovered from the alleged members of the Gram Panchayat.
Later, I.O colluded with actual accused persons and in order to exonerate them, in an illegal manner, implicate applicant and also tried to arrest applicant illegally by raiding his house at midnight which was reported by applicant’s wife to Senior Superintendent of Police, Moradabad. Later, I.O. submitted charge-sheet under Sections 420, 218, 471 IPC implicating only the applicant for the alleged fictitious and fraudulent distribution of scholarship of Rs.1800/- to the students.
Judicial Magistrate Ist Class, Thakurdwara, Moradabad Magistrate had taken cognizance to the charge-sheet and issued process, hence, entire proceedings were challenged on the ground that applicant has been falsely implicated; there is no evidence against the applicant-accused, hence, entire proceedings against applicant were malicious and liable to be set aside.
Ld. Counsel for applicant put reliance on the Supreme court decision in “State of Orissa Vs. Debendra Nath Padhi” & “Mohammed Ibrahim Vs. State of Bihar” and urged that in order to implicate applicant, forged and manufactured evidence has been adduced against him and, therefore, entire proceedings are malicious and are liable to be quashed.
“Whether there is any such scope of enquiry/ investigation at this stage under Section 482 Cr.P.C.” is the moot question which needs be considered,” said by the court.
The court held that scope of judicial review at the stage of ongoing trial in the lower court to interfere under Section 482 Cr.P.C. is very limited. If allegations contained in FIR taken to be true, and evidence collected by police is looked into, it can be said that offences under aforesaid Sections in respect whereof cognizance has been taken and process has been issued, is not made out, only then interference is justified.
Illustration was made by the High Court that at the stage of charge sheet factual query and assessment of defence evidence is beyond purview of scrutiny under Section 482 Cr.P.C. The allegations being factual in nature can be decided only subject to evidence. In view of settled legal proposition, no findings can be recorded about veracity of allegations at this juncture in absence of evidence.
“Power under section 482 CrPC should not be exercised to stifle legitimate prosecution. At the same time, if basic ingredients of offfences alleged are altogether absent, criminal proceedings can be quashed under Section 482 CrPC”, held by the court.
The High Court further highlighted the observation of Supreme court that at the stage of framing of charge, defence of accused cannot be put forth. If the contention of accused is accepted, it would mean that accused can be permitted to adduce his defence at the stage of framing of charge for examination thereof at that stage which is against basic principle of criminal jurisprudence.
Therefore, the court dismissed the application filed U/s 482 of CrPC for quashing of criminal proceedings pending in the lower court against the applicant and held that during investigation I.O. has found that name of applicant-accused was mentioned in documents prepared for distribution of scholarship falsely and fraudulently and documents which have been placed before this Court by learned counsel for applicant are still unproved documents and yet to led as evidence in Trial Court.
–India Legal Bureau