Smt Sayar Nahar vs State And Anr
2023 Latest Caselaw 1214 Raj

[2023/RJJD/002179]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1895/2016

Smt Sayar Nahar w/o Shri Vijay Krishna Nahar, by caste Jain, aged 66 years, Former Head Mistress, Shri Mahaveer Girls Higher Secondary School, Ranawas, P.s. Siriyari present R/o 2A 19, Housing Board, Pali

----Petitioner Versus

1. State of Rajasthan

2. Shivahare Jain S/o Shri Girish Kumar Jain, Former Secretary, Shri Mahaveer Girls Higher Secondary School, Ranawas, P.S. Siriyari, Tehsil Marwar Junction, District Pali

----Respondent

For Petitioner(s) : Mr. Suresh Kumbhat For Respondent(s) : Mr. S.K. Meher, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

Order Reserved on : 24/01/2023 Date of pronouncement: 31/01/2023

Instant Criminal misc petition has been filed against the

order dated 17.03.2016 passed by learned Special Judge, SC/ST

(Prevention of Atrocities) Act Cases, Pali in Revision No. 106/2015

[56/15] affirming the order dated 21.02.2015 passed by Judicial

Magistrate, Marwar Junction whereby cognizance was taken

against the petitioner on negative Final report for offence under

Section 420, 468, 471, 120B and Section 468/109 IPC.

Learned counsel for the petitioner submits that both the

courts below failed to consider that on three occasions, the

investigating officer after conducting thorough investigation had

[2023/RJJD/002179] (2 of 4) [CRLMP-1895/2016]

given negative Final Report in favour of the petitioner. Even in the

FSL report, no opinion was given against the petitioner to prove

that the documents were tampered by her. It is argued that the

courts below failed to appreciate that the answersheets were

checked by the teachers and there was no criminal intention to

give higher marks to any student as the petitioner was Head

Mistress of the school and countersigned the result sheet. It is

also argued that the institution had terminated the services of

petitioner, however, upon filing the appeal before the Rajasthan

Non-Government Educational Institutions Tribunal, Jaipur, the

termination order was set aside. It is submitted that the

complainant only with malafide intention has implicated the

present petitioner and the courts below have taken cognizance

against the petitioner merely on presumptions. Moreover, the

respondent no.2 complainant has expired and even the institution

i.e. Mahaveer Girls Higher Secondary School is also closed and

there is no one to pursue the complaint filed by the respondent

no.2 complainant. In these circumstances, it is prayed that the

misc petition may be allowed and the impugned orders passed by

the courts below qua the petitioner may be quashed and set aside.

Per contra, learned Public Prosecutor has produced a report

received from the SHO, P.S. Siryari, District Pali enclosing the

death certificate of respondent no.2 Shivhare Jain. However, while

opposing the prayer made by the petitioner, it is argued that

although, no direct involvement of the petitioner is found on the

basis of material on record but being a Head Mistress of the

institution, petitioner is liable to be prosecuted.

[2023/RJJD/002179] (3 of 4) [CRLMP-1895/2016]

I have considered the rival contention of the parties and

carefully gone through the material on record.

It is not in dispute that on three occasions, the police after

thorough investigation had filed FR in favour of the petitioner. As

per FSL report also, the writing on the documents were found to

be that of Smt. Pramila Shrivastav and Smt. Bhagwati Jain and no

opinion was given against the petitioner. Even in the departmental

proceedings initiated against the petitioner, the petitioner was

exonerated. The petitioner was also terminated from service,

however, when she filed an appeal before the Rajasthan Non-

Government Educational Institutions Tribunal, Jaipur, the learned

Tribunal partly allowed the appeal and her termination order was

set aside. From the material on record, there is no incriminating

evidence against the petitioner showing involvement in offence

and therefore, the impugned orders taking cognizance against the

petitioner for offence under Section 420, 468, 471, 120B and

468/109 IPC are liable to be set aside. Moreover, the complainant

has now expired and there is no one to pursue the complaint. The

petitioner is lady who is now aged about 72 years.

Accordingly, the present misc. petition is allowed. The

impugned order dated 17.03.2016 passed by learned Special

Judge, SC/ST (Prevention of Atrocities) Act Cases, Pali in Revision

No. 106/2015 [56/15] so also the order dated 21.02.2015 passed

by Judicial Magistrate, Marwar Junction whereby cognizance was

taken against the petitioner on negative Final report for offence

under Section 420, 468, 471, 120B and Section 468/109 IPC, are

hereby quashed and set aside.

[2023/RJJD/002179] (4 of 4) [CRLMP-1895/2016]

Stay application also stands disposed of. Record of the trial

court be sent back forthwith.

(MANOJ KUMAR GARG),J 191-BJSH/-

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