Hiralal Keshri vs State of Jharkhand

Rongon Mukhopadhyay, J. - Heard Mr. Ashish Kumar, learned counsel appearing for the petitioner and Mr, Krishna Shankar, learned A.P.P. appearing for the State.

In this application, the petitioner has prayed for quashing the order dated 09.12.2011 passed by the learned Additional Chief Judicial Magistrate, Pakur in connection with Maheshpur P.S. Case No. 125 of 2011 (G.R. No. 529 of 2011), whereby and where under, cognizance for the offences punishable u/s 409 of the Indian Penal Code has been taken against the petitioner.

An F.I.R. was instituted by the District Horticulture Officer, Pakur wherein it has been stated that in terms of National Horticulture Mission for the year 2010-11, Jharkhand Udyogik Prashikshan Sansthan, Deoghar has been given work order for plantation of mango trees, etc. It is alleged that State Mission, Director had released the first instalment of Rs. 25,03,625/- through cheque in compliance of the condition mentioned in the work order and in enquiry it was found that 20% plant was alive which was amounting to Rs. 5,00,000/- and Rs. 20,00,000/- was misappropriated by the Secretary of Non Governmental Organization, namely, Jharkhand Udyogik Prashikshan Sansthan, Deoghar. After institution of the F.I.R., the police investigated the case and submitted charge-sheet and subsequent thereto cognizance for the offence punishable u/s 409 I.P.C. has been taken vide order dated 9.12.2011.

It has been submitted by the learned counsel for the petitioner that the work order issued under the aegis of National Horticulture Mission for the year 2010-11 had been completed which would be evident from the enquiry report. It has been submitted that since plantation was not properly maintained, most of the plants have withered away and 20% of the trees were only found to be present. It has been submitted that such circumstances do indicate that Jharkhand Udyogik Prashikshan Sansthan, Deoghar had carried out the work order and had also complied with the conditions in the work order and there being no misappropriation of any amount in view of the enquiry report the entire criminal prosecution including the impugned order deserves to the quashed and set aside.

Learned A.P.P. appearing for the State has submitted that the petitioner is the Secretary of Jharkhand Udyogik Prashikshan Sansthan, Deoghar, which is a Non-Governmental Organization, who has misappropriated and defaulted the amount, released under National Horticulture Mission for the year 2010-11.

The petitioner has relied on the enquiry report of the committee by suggesting that no offence against the petitioner is made out. The report indicates that 20% of the mango trees were found alive which was also not in a very healthy state. It appears from the enquiry report that the cashew and mango plants had withered away which would sufficiently go to suggest the involvement of the petitioner, as not taking proper steps and not carrying the plantation work in terms of the work order. The enquiry report thus shows the complicity of the petitioner, being the Secretary of the Jharkhand Udyogik Prashikshan Sansthan, Deoghar and in such circumstance therefore a prima facie case having been made out against the petitioner, which has subsequently been found to be true in course of investigation and therefore I am not inclined to interfere in the criminal proceeding in this application, which is accordingly dismissed.