Allahabad High Court
Manoj Kumar Srivastava vs State Of U.P. And Another on 28 January, 2023
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 87
Case :- APPLICATION U/S 482 No. - 14484 of 2022
Applicant :- Manoj Kumar Srivastava
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vivek Prakash Mishra,Sr. Advocate
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
Heard Sri Vivek Prakash Mishra, learned counsel for the applicant and Sri M.K. Singh Gaur, learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed seeking quashing of the proceedings of Sessions Trial No. 12A of 2011 (State Vs. Akhilesh and Others), under Sections 409, 201, 120-B I.P.C. and Section 13(1), 13(2) of Prevention of Corruption Act, pending in the court of Special Judge (Anti-Corruption-I), Varanasi arising out of Charge sheet No. 04A of 2011 dated 28.12.2011 filed in Case Crime No. 102 of 2005 registered at Police Station Reoti, District Ballia as well as cognizance order dated 10.01.2012 passed by the Special Judge (Anti-Corruption), Varanasi, Non Bailable Warrant dated 22.03.2019, Section 82/83 Cr.P.C. dated 29.09.2021 passed by Special Judge Anti-Corruption, Court No. 2, Varanasi in the aforesaid sessions trial; and for staying the further proceedings of aforesaid sessions trial.
The Government distributes scholarship to the students belonging to the Backward Communities/Classes. As per the allegation in the F.I.R. which came to be registered after internal enquiry in respect of misappropriation of the scholarship amounts/funds for Backward Communities/Classes' students in District Ballia. It was found that from 2004 to 2005, a total of Rs.14,14,172/- was disbursed by the Social Welfare Department to District Ballia for distribution of scholarship to the students belonging to the Backward Communities/Classes. This entire amount was misappropriated by the accused in furtherance of criminal conspiracy by opening a bank account in the name of non-existent school i.e. Maharana Pratap Junior High School, Reoti, Ballia. The F.I.R. came to be registered on 09.09.2005. Initially, the F.I.R. was registered only against Gopal Singh, Branch Manager of Ballia Kshetriya Gramin Bank, Reoti, District Ballia and Basic Shiksha Adhikari.
The petitioner, at the relevant time, was employed as Junior Clerk/Front Desk Assistant in the office of District Social Welfare Officer, Ballia. The allegation against the accused is that; he destroyed the invoices in respect of other schools for which the scholarships were to be distributed; and made invoices in the name of non-existent Maharana Pratap Junior High School, Reoti, Ballia. He forged the signature on the invoices of the then District Social Welfare Officer. Though, the petitioner was not named initially in the F.I.R. but during the course of investigation, his name came to fore as one of the accused who was involved in misappropriation of the government funds which were meant for distribution of scholarship to the students belonging the Backward Communities/Classes.
During the course of investigation, it is found that the accused applicant had forged the invoices in respect of Cheque No. 716188 dated 31.03.2005 for amount of Rs.2,31,280/-, Cheque No. 716510 dated 30.03.2005 for amount of Rs.1,92,420/- and Cheque No. 716207 dated 31.03.2005 for amount of Rs.1,44,000/-. The original invoices had signatures of Rajendra Prasad Yadav, the then District Social Welfare Officer, however, the accused, in furtherance of criminal conspiracy got the forged invoices and forged the signature of Rajendra Prasad Yadav in place of original invoices and gave the cheques to co-accused Akhilesh Kumar Singh @ Gopal Singh, the Manager of Maharana Pratap Junior High School.
Learned counsel for the petitioner submits that the petitioner has been exonerated in the departmental enquiry. the enquiry report has been placed on the record, however, there is no finding based on a scientific evidence in the departmental enquiry that the petitioner has not forged the invoices in favour of Maharan Pratap Junior High School, Ballia, a non-existent school.
Considering the aforesaid fact, I am of the view that the judgment cited by the learned counsel for the petitioner in Ashoo Surendranath Tewari Vs. Deputy Superintendent of Police, CBI And Another; (2020) 9 SCC 636 and the judgment in the case of P.S Rajya Vs. State of Bihar; (1996) 9 SCC 1; are not applicable to the facts of the present case. It is well settled law that the departmental enquiry based on preponderance of probabilities whereas in the criminal proceedings, the charge has to be proved beyond reasonable doubt. Unless it is proved during trial that the accused has not forged those invoices which are alleged to have been forged by him, merely, on the basis of the fact that in the departmental enquiry, he has been exonerated, criminal proceedings cannot be quashed.
Considering the facts and circumstances of the case, I find no ground to interfere with the ongoing proceedings.
Thus, the present petition is hereby dismissed.
However, it is provided that if the petitioner surrenders before the trial court within ten days from today and applies for bail, his bail application shall be considered and decided by the trial court expeditiously in accordance with law.
Order Date :- 28.1.2023/Arun K. Singh
