Smt. Asha Kumari Singh & Ors. vs The State Of Bihar & Anr.

Date : 10-08-2026

Heard the parties.

Present petition preferred by the petitioner under Section 482 of Code of Criminal Procedure (in short Cr.P.C.) for quashing of order dated 20.05.2014 passed in Goraul P.S Case No. 37 of 2003, whereby and where under learned JM 1^st Class framed the Charge against the petitioners for offences U/s 406/34, 409/34, 420/34 I.P.C which is pending in the Court of learned A.C.J.M XIV^th Vaishali at Hajipur.

As per FIR, it is alleged that Council for Advancement of People's Action and Rural Technology (CAPART) had sanctioned a sum of Rs.45,000/- on 20.09.1993 in favour of an organisation namely, Seva Aashram, Schan, Vaishali, for implementation of a project relating to 30 Social Animators, and the entire sanctioned amount was released to the said organisation on 22.02.1994. Subsequently, upon evaluation, it was found that the organisation was not functioning at its registered address and no information regarding implementation of the sanctioned project could be obtained from the project site. The prosecution alleges that the organisation and its functionaries, with mala fide intention, failed to utilise the public funds for the purpose for which the same had been sanctioned and thereby misappropriated the amount of Rs.45,000/-. Since the amount constituted public funds, the informant requested the Superintendent of Police, Vaishali, to initiate appropriate criminal proceedings for misappropriation of the said amount against the organisation, its functionaries and the concerned office-bearers/members of the Managing Committee. In the course of inquiry, the names of seven persons, including the petitioners, surfaced, leading to registration of the aforesaid FIR on 12.03.2003.

Learned counsel for the petitioner submitted that the entire amount of Rs. 45,000/- which has been allocated to the organization of Seva Aashram, Sehan, Vaishali under CAPART scheme i.e., set up by Ministry of Rural Development, Government of India as an aid was duly utilized. It is submitted that same can be gathered from the C.A. certificate which is Annexure-2 series of the present petition, certifying that the allocated fund of Rs. 45,000/-was utilized by the organization. It is submitted that the letter dated 07.07.2003 as issued from the office of BDO, Cheharakala, Vaishali also supported this fact that no discrepancies was noticed while utilizing the fund on behalf of organization namely, Seva Aashram, Sehan, Vaishali. It is submitted by learned counsel that still this matter is pending before learned trial court and not a single witness was examined in this case and this case is pending since last 23 years.

Learned counsel for the petitioner submitted that considering the allegation and in view of report of CO and BDO, it can be safely said that no prima-facie legal ingredients of section 406, 409, 420/34 of IPC appears available and therefore, impugned order of charge framing dated 20.05.2014 is bad in eyes of law and therefore, same is fit to be quashed/ set aside.

Learned APP while opposing petition submitted that petitioners were implicated being office bearer of the organization, however, he could not disputed the certificate of C.A. and also the report of BDO, Cheharakala, Vaishali.

In view of aforesaid the impugned order dated 20.05.2014 is hereby quashed/ set aside against all above-named petitioners, in view of aforesaid discussed report of CO and BDO, Cheharakala, Vaishali, with all its consequential proceedings.

Let a copy of this judgment be sent to the learned trial court forthwith, with LCR, if any.