Cr. M.P. No. 943 of 2016. Case: Ashok Kumar Purbe Vs The State of Jharkhand. Jharkhand High Court

Case NumberCr. M.P. No. 943 of 2016
CounselFor Appellant: Bhanu Kumar, Advocate and For Respondents: Pankaj Kumar, A.P.P.
JudgesDr. S.N. Pathak, J.
IssueCode of Criminal Procedure, 1973 (CrPC) - Section 482; Indian Penal Code 1860, (IPC) - Sections 34, 406, 409, 420, 467, 468, 471
Judgement DateFebruary 10, 2017
CourtJharkhand High Court


Dr. S.N. Pathak, J.

1. Invoking the inherent power of this Court under Section 482 of the Code of Criminal Procedure, the petitioner has approached this Court for quashing of First Information Report dated 26.08.2011 alongwith entire criminal proceeding which has been lodged against the petitioner under Sections 406, 409, 420, 467, 468 and 471/34 of the Indian Penal Code in connection with Chhatarpur P.S. Case No. 118 of 2011 corresponding to G.R. No. 1467 of 2011.

2. The facts, which are relevant in this case, in short, is that an F.I.R. was lodged on 26.08.2011 against the petitioner at the instance of one Braj Bhushan Prasad, Para Teacher of upgraded Middle School Jolah Khap, Chhatarpur, District-Palamau who had filed a written complaint before the Sub Divisional Officer, Chhatarpur, Palamau on 26.08.2011 and the same was forwarded to the Officer-In-charge, Chhatarpur Police Station by Sub Divisional Officer, Chhatarpur for taking necessary action into the matter. The prosecution case relates to misappropriation of government fund in payment of honorarium of para-teachers of Chhatarpur Block wherein it has been alleged that Ramashish Prasad, Block Education Extension Officer cum Coordinator, Block Resources Centre, Chhatarpur (ii) Shailesh Kumar Singh, Accountant (iii) Ajeet Kumar (iv) Abhay Kumar Singh, Para Teacher, Girls Middle School, Namudag all connived with each other in misappropriation of government fund relating to payment of honorarium to para-teachers by making inflated payment to non Para Teacher to the tune of several lakhs.

3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and at relevant point of time, he was posted as District Superintendent of Education Cum District Programme Officer, Palamau and he being the head of the office of Elementary Education including Primary and Middle Schools within the District of Palamau was under a statutory obligation to disburse and sub-allot the funds received by him from the Head Office i.e. State Project Director, Ranchi under Sarva Shiksha Abhiyan Scheme in the bank account of all the twelve blocks including Chhatarpur Block in the District of Palamau. It is further submitted that all the 12 Blocks were having bank accounts in the joint name of the respective Block Education Extension Officer and the Accountants and similarly in Chhatarpur Block, the Bank Account was in the name of Ramashish Prasad, Block Education...

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