2022 Supreme(Pat) 726
IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA, J.
Criminal Misc. No.24543 of 2018
(22.9.2022)
Anju Kumari ... Petitioner
vs.
State of Bihar & Anr. ... Opp. Parties
For the Petitioner: M/s Puneet Sidhartha, Ravi Kumar.
For the Opp. Party : Mr. Shailendra Kumar.
For the Informant : Mr. Ramakant Sharma, Sr. Adv.
Headnote:
ndian Penal Code, 1860 – Sections 419, 420, 467, 468, 471 and 170 – Code of Criminal Procedure, 1973 – Section 482 – Constitution of India – Article 21 – Cheating and forgery – Quashing petition – FIR has been registered against petitioner based on completely wrong facts and same could not be sustained – Final report, showing it to be a case under mistake of fact, has been directed to be submitted by Superintendent of Police but no final report has been filed in this case till date – Continuing with criminal proceedings against petitioner would certainly be abuse of process of law – Right to speedy trial which encompasses every stage of a criminal trial is a valuable right flowing from Article 21 of Constitution of India and authorities cannot be allowed to curtail it in the manner they deem it fit – Criminal proceedings quashed. (Paras 10 to 13)
Arun Kumar Jha, J.—The instant petition has been filed for quashing the name of the petitioner from Patna City Chowk P.S. Case No. 93 of 2008 registered for offences under Sections 419, 420, 467, 468, 471 and 170 of the Indian Penal Code on the basis of written report of the informant Pritpal Kaur, Principal of Sri Guru Gobind Singh College, Patna City against the petitioner and other co-accused persons.
2. Briefly stated, the prosecution case is that the informant received information about some of the employees working in the name of other employees for quite long time in her institution. An inquiry was conducted by the informant and she named the co-accused persons against whom she had suspicion that they had been working in place of other persons. The informant further stated that in place of the petitioner and another coaccused, one Dinanath Singh had been putting his signature on documents including the salary bills.
3. It has been submitted by the learned counsel appearing on behalf of the petitioner that FIR was registered on 04.06.2008 and even after lapse of more than 12 years investigation has not been completed and charge-sheet has not been filed till date. Even otherwise the petitioner has been falsely named in this case. The husband of the petitioner was appointed on 26.06.1985 as Store Keeper in the Department of Psychology on permanent basis and he died in harness on 11.08.1997 leaving behind his wife and three minor children. The petitioner was appointed on compassionate ground on 17.07.1999 as a Routine Clerk in the institution of the informant. Since the date of her appointment, the petitioner has a non-blemished record and has been performing her duties to the best of her ability. However, on the basis of aforementioned FIR, the petitioner was suspended vide order dated 15.10.2008 issued by Registrar, Magadh University. But even after passage of so much time neither a show cause has been issued to the petitioner nor there has been initiation of any departmental inquiry. The petitioner has been deprived of her right to hearing which is against the principles of natural justice and the same could have enabled her to prove her innocence. Meanwhile, the petitioner applied for anticipatory bail before the learned Sessions Judge, Patna vide A.B.P. No. 390 of 2008 wherein it has been observed that the compassionate appointment of the petitioner was legal and valid and the petitioner was granted privilege of anticipatory bail vide order dated 22.07.2008. After obtaining the anticipatory bail, the petitioner made representation dated 22.06.2010 to the informant regarding her innocence but no show cause has been issued to her even after filing of the representation. Learned counsel further submits that the Division Bench of Patna High Court vide order dated 24.04.2018 had disposed of LPA No. 236 of 2018 with the direction to the University to examine the claim of the petitioner for payment of subsistence allowance and also to take final decision on petitioner's suspension. When the University failed to comply the order dated 24.04.2018, the petitioner preferred a contempt petition vide MJC No. 3047 of 2018. During the pendency of the contempt petition, the University revoked the suspension of the petitioner vide Memo No. 332/PPU/L/2019 dated 14.10.2019 and directed the petitioner to join her duties forthwith. Accordingly, the petitioner has joined the College on 21.10.2019 and since then discharging her duties with full satisfaction to the University. When no show cause or chargesheet was issued to the petitioner, she asked the concerned college for status of her employment and the college issued her a certificate vide Memo No. GSC/303/17 dated 27.04.2017 stating therein that the petitioner is a working staff in the said College as a Routine Clerk on compassionate ground.
4. Learned counsel for the petitioner further submits that even after lapse of more than 12 years, no charge-sheet has been filed against the petition