Savitri Devi and Others vs State NCT of Delhi

Mukta Gupta, J.—By this petition the Petitioners seek setting aside of the order dated 27th July, 2010 passed by the learned Additional Sessions Judge dismissing the revision petition and the order dated 4th March, 2010 framing charges in case FIR No. 171/2004 u/s 420/468/471/120B/34 Indian Penal Code registered at P.S. Gokulpuri.

The brief facts of the case are that the Petitioners are teachers working in Govt. Sarvodaya Kanya Vidhyalaya, Gokulpur Village, Delhi-94. One Rajinder Sharma who used to supply stationary to the school informed the teachers of the school that he was an agent of UP Tourism Corporation Ltd. and that the UP Tourism Corporation organized LTC Tours and one such religious tour was being organized. The four Petitioners who are teachers were sold tickets for religious tour to Mata Vaishno Devi, Chintpurni Devi, Jwalaji, Chamunda Devi etc. The Petitioners purchased the tickets after obtaining LTC advance as per rules. Smt. Savitri Devi and Smt. Usha purchased two tickets each for Rs. 2006/-, Smt. Aruna three tickets for Rs. 3009/- and Shri Santosh Kumar 4 1/2 tickets for Rs. 4514/-. The journey was from 23.5.98 to 29.5.98 which the Petitioners undertook, along with a number of other teachers of other schools. The said Rajinder Sharma also issued a certificate of UP Tourism Corporation stating therein that the Petitioners had availed the journey. The principal on appearance of certain press reports that bogus tickets of LTC were being sold to Government employees, sent the tickets and certificate for verification to UP Tourism Corporation. UP Tourism Corporation sent a letter dated 25th August, 1998 to the School stating that the tickets and certificate were forged as since 1995 they were issuing computerized tickets. It is further noted that on learning of the said tickets to be forged, the Petitioners immediately deposited the LTC advance taken by them from the school in the Government account.

The learned Counsel for the Petitioner contends that they have been wrongly charge-sheeted in the present case as they are victims of machinations of Rajinder Sharma, Girish and Navin Kumar and were coaxed into purchasing the tickets by making false representations by Rajinder Sharma. The Petitioners are the victims of the forgery and cheating committed on them by Rajinder Sharma and his accomplices.

Learned Counsel for the Petitioner also contends that the Petitioners had not cheated the Department of education or any other department as immediately on coming to know that the tickets and certificate issued to them being forged, the Petitioners deposited the money along with interest in Government account and intimation of this fact was given to the School along with copies of relevant documents. It was therefore contended by the learned Counsel that the impugned orders and the pending prosecution against Petitioners is a gross abuse of the process of law.

Learned APP for the state contends that the Petitioners have been rightly charge-sheeted as the fake tickets and certificates through Rajinder Sharma were availed by them and whether Petitioners are a party to forgery and fabrication is triable issue. At the stage of framing of charges only a prima facie case has to be seen and therefore the impugned orders do not suffer from any infirmity.

I have heard learned Counsel for the parties. It is clear that the Petitioners did not have any role in the forging of tickets and certificates. Neither they made any gain on account of the forging of the certificates as the prosecution has not submitted any evidence to allege fraudulent or dishonest intention of the Petitioners. On becoming aware of the fact that the tickets and certificates are forged, the Petitioners immediately deposited the money along with interest in the Government Account.

From the perusal of the facts on record, it is clear that the Petitioners had purchased the tickets in good faith and are victims of cheating and forgery committed by Rajinder Singh and others. No. prima facie case for the offences charged is made out against them in the absence of the essential ingredients of fraudulent intention. Neither any overt act nor act showing meeting of mind with Rajinder Singh and Ors. is attributed. Consequently the orders dated 27th July, 2010 and 4th March, 2010 are set aside and the Petitioners are discharged of the offences aforementioned.

Petition and application are disposed of.