Madhya Pradesh High Court
Ankit Nalin Kumar James vs The State Of Madhya Pradesh on 29 May, 2024
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 15133 of 2024
(ANKIT NALIN KUMAR JAMES Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 29-05-2024
Shri Brain D'silva - Senior Advocate with Shri Abhishek Dilraj-
Advocate for the petitioner.
Shri Harpreet Singh Ruprah - Additional Advocate General with Shri
B.D. Sinigh - Deputy Advocate General for the respondents/State.
Subject matter in this petition is similar to WP No.15140/2024, therefore,
b o th the petitions are being analogously heard and common order is being
passed in both the cases.
2 . Learned Senior Counsel appearing for the petitioner submitted that
petition has been filed to protect the petitioner against coercive action of
respondents authorities. It is submitted that on report of Collector dated
22.05.2024 and on his direction, complainant Sunil Sharma has lodged an FIR
on 27.05.2024 against petitioners. FIR is registered under Sections 420, 468,
471, 409, 120-B of IPC. It is submitted that as per prosecution story, there was
constant increase in fees in violation of Madhya Pradesh Niji Vidyalaya (Fees
Tatha Sambandhit Vishayon Ka Viniyman) Adhiniyam, 2017. Fees is increased
for illegal and wrongful gains. It is further submitted that allegations were made
that forged ISBN number were printed on books and there is over pricing of
books and other articles. Students were directed by School Authority to buy
books in connivance with seller so that purchase is made from particular book
shops. Learned Senior Counsel appearing for petitioner submitted that offence
under Sections 420, 468, 471, 409, 120-B of IPC is not made out against the
petitioner. At best they may be liable for action by the State Government for
violation of Adhiniyam, 2017. In these circumstances, interim relief may be
granted and respondents may be directed to stop police action and withdraw
the police parties from the Institutions and Schools. Persons detained may be
released. During the course of argument, it is brought to the light that FIR has
already been registered against the petitioner.
3. Learned Senior Counsel appearing for petitioner submitted that as an
interim measure petitioner may be released on ad-interim bail. He relied on the
judgment passed by the Apex Court in case of Arnab Manoranjan Goswami
Vs. State of Maharastra and others reported in 2021 (2) SCC 427. Reliance
is placed on guidelines issued by the Apex Court in said Court.
"64. While considering an application for the grant of bail
under Article 226 in a suitable case, the High Court must consider
the settled factors which emerge from the precedents of this Court.
These factors can be summarised as follows:
64.1. The nature of the alleged offence, the nature of the
accusation and the severity of the punishment in the case of a
conviction.
64.2. Whether there exists a reasonable apprehension of the
accused tampering with the witnesses or being a threat to the
complainant or the witnesses.
64.3. The possibility of securing the presence of the accused
at the trial or the likelihood of the accused fleeing from justice.
64.4. The antecedents of and circumstances which are
peculiar to the accused.
64.5. Whether prima facie the ingredients of the offence are
made out, on the basis of the allegations as they stand, in the FIR.
64.6. The significant interests of the public or the State and
other similar considerations."
4. Learned Senior Counsel appearing for the petitioner has also placed
reliance on ISBN manual of Government of India, Ministry of Education
Department of Higher Education. As per said manual, Publisher or bookseller
may in his own interest register himself for ISBN number. It is mentioned in
questionnaire about ISBN number that if books cannot be ordered or
distributed by ISBN number and if numbers are not printed in books then
Publisher may find that its books may not sell. People will assume that books
may not exist. As per the said questionnaire of Government of India, ISBN
number is desirable, but does not impose legal requirement to have ISBN and
the ISBN conveys no legal or copyright protection. In view of ISBN measure of
Government of India, it is argued that since, there is no legal obligation to have
an ISBN number and no punitive action is to be taken, if publisher does not
have an ISBN number, therefore, no offence is made out. It is further submitted
that no offence of criminal beach of trust is made out. It is argued that there is
no inducement or misrepresentation to parents and no forgery has been
committed by the Principal or Schools and evidence under Section 120-B of the
IPC is also not available. In these circumstances, protective umbrella be granted
to petitioner for their wrongful and malafide prosecution.
5. Learned Additional Advocate General appearing for the State opposed
the prayer and submitted that FIR has been registered on 27.05.2024 and some
of the accused are taken into custody. Detailed investigation is to be undertaken
and record is to be seized. Scam which is said to have been done by petitioner
hits the public in general. Action does not hit an individual but public at large.
White collar crime has been committed by Publisher intentionally to print false
and forged ISBN number on the books so that parents only get the book from a
particular shop and may not be able to purchase the book from open market.
School Administration gets commission and Publisher also makes good money
wrongfully. Since, there is false and counterfeit ISBN number on books,
therefore, element of forgery is there. If interim protection is granted then
petitioner may use the same for tampering of evidence. Some of the publishers
are also absconding. In this circumstances, no interference may be called for.
6. Heard the learned counsel for the parties.
7 . Since, learned Additional Advocate General is appearing for
respondents/State, therefore, no notice is required. He is directed to file detailed
reply within four weeks.
8 . Investigation of the case is at a nascent stage, therefore, no interim
protection can be granted to hamper investigation process. Due to forging
ISBN number on books, element of forgery and cheating by School
Management and Publisher is inherent in crime.
9. In these circumstances, prayer for grant of interim relief is declined.
(VISHAL DHAGAT)
JUDGE
$A
