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Judgment
Manisana, J.—This is an application u/s 482, Code of Criminal Procedure for quashing the proceedings in GR Case No. 211 of 1987 pending in the Court of the Judicial Magistrate of the first Class Bongaigaon arising from the Bongaigoan GRPS. Case No. 22 of 1987 u/s 407, IPC.
On an ejahar lodged by the Officer Commanding Sri Mohendra Singh Nogi with the OC Jogigopa Police Station against the firm of the Petitioner Dinesh Kumar Saraf, a case being No. 33 of 1987 u/s 407, IPC was registered on 16.4.1987. The case was transferred to Bongalgaon GR Police Station, and it was re-numbered as Case No. 22 of 1987. After the completion of investigation chargesheet dated 30.12.1987 was submitted in the Court of the Judicial Magistrate of the first Class Bongaigaon against the Petitioner showing his name as absconder. However, it is stated in the petition that the case is still pending in the Court of the learned Magistrate, and that no evidence has been recorded in connection with the said Case.
Shri O.P. Bhati, the learned Counsel for the Petitioner, has contended that the allegations made in the FIR do not establish a prima facie offence, and that the uncontroverted allegations would amount to a civil wrong, and therefore the proceedings are liable to be quashed.
It is true that breach of trust is both a civil and a criminal wrong. There may be certain situation where it would predominantly be a civil wrong, and may or may not amount to a criminal offence. However, I am not dealing with the contention of the learned Counsel. I approach the matter as follows. As already stated, the charge-sheet has already been submitted. It is at the stage of consideration whether charge should be framed or not against the Petitioner. In such a situation, the High Court should not play the role of a Magistrate and scrutinize the police report and all the documents sent u/s 173, Code of Criminal Procedure. The question raised before me can be raised before the Magistrate. Therefore, an alternative forum is available. The alternative forum available would be more appropriate one in which the case can be considered more suitably, for the parties'' interest. Where such an alternative and appropriate forum is available, the power u/s 482, Code of Criminal Procedure, should not be invoked. For these reasons, I decline to invoke the jurisdiction of this Court u/s 482. Code of Criminal Procedure. Accordingly, the petition is rejected.