Savitri Devi & Ors. vs State Nct Of Delhi
2011 Latest Caselaw 3747 Del

*     HIGH COURT OF DELHI : NEW DELHI

+      CRL.M.C. 3671 of 2010 & Crl.M.A. No.17780/2010 (Stay)

%                                               Decided on: August 04, 2011

SAVITRI DEVI & ORS.                                  ..... Petitioners
                           Through       Mr. T.S. Ahuja, Mr. Arun Arora, Advs.
               versus

STATE NCT OF DELHI                                         ..... Respondent
                           Through       Mr. Manoj Ohri, APP for State with
                                         Mr. Somil Sharma,SI, P.S. Gokal Puri.
Coram:
HON'BLE MS. JUSTICE MUKTA GUPTA

1. Whether the Reporters of local papers may
   be allowed to see the judgment?                     Not necessary

2. To be referred to Reporter or not?                         Yes

3. Whether the judgment should be reported
   in the Digest?                                             Yes

MUKTA GUPTA, J. (ORAL)

1. 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 under Section 420/468/471/120B/34 IPC registered at P.S.

Gokulpuri.

2. 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, Chintpurini 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 ½ 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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 others 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.

8. Petition and application are disposed of.

( MUKTA GUPTA ) JUDGE.

AUGUST 04, 2011 'ga'