Jharkhand High Court
Lakhan Dhobi vs The State Of Jharkhand on 28 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 343 of 2018
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1. Lakhan Dhobi
2. Mithilesh Ram ... ... Petitioners
Versus
The State of Jharkhand ... ... Opposite Party
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Petitioners : Mr. Prabhash Ch. Sinha, Advocate
For the State : Mr. Suraj Mohan, A.P.P.
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Order No. 09 / Dated: 28th February, 2023
Heard learned counsel for the petitioners and the learned counsel for the
State.
This Cr.M.P. is directed for quashing the F.I.R. registered as Gawan P.S. Case
No. 18/17, corresponding to G.R. No. 722/17, under Sections 406, 409, 420, 34 of
the Indian Penal Code as well as the entire criminal proceedings of the F.I.R. which
is pending in the Court of learned Assistant Sessions Judge-II, Giridih (or the
successor Court).
It has been submitted that the allegations as set out in the aforesaid F.I.R. in
brief is that one Chhaku Murmu alleged that in the account of Village Education
Committee of Bank of India Lohsinghani in the year 2010-2011 for the
construction of building a sum of Rs.5,34,382/- was allotted but no work was done
and the entire amount has been embezzled and thereafter a letter was received from
the office of District Programme Officer, Giridih for instituting the F.I.R. against
both the petitioners who were President and Secretary of "Gram Siksha Samittee"
of Upgraded Primary School of Lohsinghani and similar case was instituted for the
other three schools for which these two petitioners are not concerned. The certified
copy of the F.I.R. has been brought on record on the basis of which Gawan P.S.
Case No. 18/17, dated 19.03.2017 registered under Sections 406, 409, 420, 34 of
the Indian Penal Code was instituted.
It has been submitted that in the year 2011 on the same matter, one F.I.R.
vide Gawan P.S. Case No. 0039 dated 28.06.2011 was instituted under Sections
409/420 of the Indian Penal Code, corresponding to G.R. No. 1154/11, in which the
same informant Chhaku Lal Murmu, who has also instituted the present F.I.R.
Gawan P.S. Case No. 18/17 dated 19.03.2017 vide written statement addressed to
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the Officer In-charge of Gawan police station had alleged that for the financial year
2010-2011 for the construction of the building Rs.5,34,382/- was allotted for the
Upgraded Primary School, Lohsinghani, from the office of Sarv Shiksha Abhiyan,
Giridih and a sum of Rs.4,60,786/- was illegally withdrawn and embezzled by these
petitioners. The photocopy of the certified copy of the F.I.R. vide Gawan P.S. Case
No. 0039 dated 28.06.2011 registered under Sections 409/420 of the Indian Penal
Code, is annexed with the petition.
It has further been submitted that both the petitioners in the earlier instituted
F.I.R. vide Gawan P.S. Case No. 0039 dated 28.06.2011 had faced the trial vide
Trial No.1169/13, arising out of Gawan P.S. Case No. 0039 dated 28.06.2011,
corresponding to G.R. No. 1154 of 2011, and after conducting the full-fledged trial
the concerned Court of Judicial Magistrate, 1st Class, Giridih acquitted both these
petitioners vide judgement dated 9th September, 2013. The certified copy of the
judgement dated 09.09.2013 has also been annexed alongwith the instant Cr.M.P.
and therefore, the present F.I.R. for the same set of offence which have been
instituted against these petitioners, is hit by the doctrine of double jeopardy as
enshrined under Section 300 of the Cr.P.C. and Article 20 of the Constitution of
India.
On the other hand, the learned counsel appearing on behalf of the State has
filed the counter-affidavit and did not deny the fact that on the earlier occasion one
F.I.R. being Gawan P.S. Case No. 39/2011 was also lodged against these petitioners
by Chhaku Lal Murmu, (Block Education Extension Officer, Ganwan) and in the
same information report the allegation was that during the financial year 2010-2011
a sum of Rs.5,34,382/- was allotted from Sarv Shiksha Abhiyan, Giridih for the
construction of the additional class room of Upgraded Primary School, Lohsinghani
and a sum of Rs.4,60,786/- was illegally and fraudulently withdrawn by the
Secretary, Mithilesh Ram and President, Lakhan Dhobi, who are the petitioners of
the present case and they were the then President and Secretary of the Village
Education Committee and the present case also is related to the same and similar
allegations of embezzlement of Government money to a tune of Rs.5,34,382/- for
the constructions of Upgraded Primary School, Lohsinghani for the construction of
the building.
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Having heard the parties, perused the records of this case.
As a matter of fact it is found that in the present case there is allegation of
misappropriation and embezzlement of the Government fund to a tune of
Rs.5,34,382/- which was allotted to the President, Lakhan Dhobi and Secretary,
Mithilesh Ram (petitioners hereinabove) of Village Education Committee for the
construction of the Upgraded Primary School, Lohsinghani as evident from the
present F.I.R. vide Gawan P.S. Case No. 18/17, dated 19.03.2017, instituted for the
offence under Sections 406, 409, 420, 34 of the Indian Penal Code (Annexure-1).
Further it is also found that on earlier occasion also Gawan P.S. Case No.
39/2011 dated 28.06.2011 was also instituted for the offence of misappropriation of
fund of Rs.5,34,382.00/- under Sections 409 and 420 of the Indian Penal Code
against both these petitioners who are the Secretary and President of Village
Education Committee for the construction of the Upgraded Primary School,
Lohsinghani for the same year 2010-2011, as is evident from Annexure-2.
Further it is also found from the record that both these petitioners have
already faced the trial from the Court of Judicial Magistrate, 1 st Class, Giridih, in
connection with the charges levelled against him arising out of Gawan P.S. Case
No. 0039 dated 28.06.2011, corresponding to G.R. No. 1154/11 vide T.R. No.
1169/13 and after full-fledged trial both these petitioners were acquitted vide
judgement dated 09.09.2013, which is Annexure-3, to this Cr.M.P. and all the
aforesaid facts have not been denied by the learned A.P.P. appearing on behalf of
the State.
In this view of the matter, it is found that the present case is also of
embezzlement of Government fund allotted from the scheme of Sarv Shiksha
Abhiyan, Giridih for the year 2010-2011 to a tune of Rs.5,34,382/- vide Gawan P.S.
Case No. 18/17, corresponding to G.R. No. 722/17, for which both the petitioners
have already faced the trial and got acquitted in connection with Gawan P.S. No.
39/11, vide T.R.. No. 1169/13 vide Judgment dated 09.09.2013, therefore, it is well
settled principle of law that a person cannot be prosecuted for the same offence
twice as it is hit by the doctrine of double jeopardy as enshrined under Section 300
of the Cr.P.C. and Article 20 of the Constitution of India.
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In the backdrop of this case the present F.I.R. instituted vide Gawan P.S.
Case No. 18/17, for the same offence is bad in law and fit to be quashed.
Accordingly, the entire criminal proceedings vide F.I.R. arising out of Gawan P.S.
Case No. 18/17, corresponding to G.R. No. 722/17, under Sections 406, 409, 420,
34 of the Indian Penal Code, pending in the Court of learned Assistant Sessions
Judge-II, Giridih (or the successor Court) as well as the entire criminal proceedings
of the F.I.R. with respect to these two petitioners only, is hereby quashed and this
Cr.M.P. is allowed.
J.Minj (Navneet Kumar, J.)
