IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR, J.
Criminal Misc. No. 21160 of 2021
(13.9.2024)
Sourav Basu ... Petitioner
vs.
State of Bihar ... Opp. Parties
Code of Criminal Procedure, 1973 – Section 482 – Quashing of entire criminal proceeding including the charge-sheet against the petitioner sought for – offence alleged under various provisions of the IPC as well as the Prevention of Corruption Act – allegation pertaining to serious financial irregularities and fraud carried out in implementation of the Bihar Mahadalit Vikas Mission (BMVM) – Inherent power of the High Court under Section 482 of the Cr. P.C. is designed to achieve the purpose of ensuring that criminal proceeding are not permitted to generate into weapons of harassment and whenever the court finds that the initiation of a proceeding or its continuation would amount to an abuse of the process of the Court, the same is required to be quashed and cancelled for the ends of justice – However, the caution is imperative that while exercising its jurisdiction, the High Court has to be cautious and the power is to be used sparingly – The case relates the petitioner along with seven other named accused persons – Further investigation in this case is still continuing against the remaining accused and for further collection of evidence – Thus, the point raised by the petitioner that no offence under any of the penal provision of the I.P.C. or Prevention of Corruption Act is made out against the petitioner has no force at this stage, if the allegation leveled in the FIR and materials collected during course of investigation is/are; prima facie, sufficient enough to drive the investigating officer to investigate and submit charge-sheet against all the accused persons, including the petitioner – Quashing of the entire criminal prosecution against the petitioner at this stage, would amount to shuttle it at the midway when with respect to other accused person, investigation is still going on – The prints raised in this petition can be raised at the time of framing of charge – Application stands rejected. (Paras 20, 22 & 42)
Indian Penal Code, 1860 – Sections 415 and 420 – Cheating and dishonest inducement to deliver the property – Trite it is that the dishonest inducement is the sine qua non to attract the provisions of Sections 415 and 420 of the IPC – There is a clear distinction between a civil wrong in the form of breach of contract, non-payment of money or disregard to and violation of the contractual terms; and a criminal offence under Section 420 and 406 IPC – The ingredients of afore noted provisions distinctly shows that the offence of cheating falls in two parts – The first, where a person fraudulently or dishonestly deceives another in inducing that person to deliver any property to any person, etc. – Secondly, the offence would be made out if somebody is deceived to do an act which causes damage or harm that person; in body, mind, or reputation or property is said to have cheated – In the present case, the petitioner submitted tender document that Sri Ram New Horizons (SRNH) as it has its own training center in all 38 districts of Bihar, though it has only one training center, which clearly demonstrate the fraudulent and dishonest intention of the petitioner at the very inception at the time of making promise or entering in the agreement. (Paras 29 & 32)
Sharad Kumar Sanghi Vs. Sangita Rane, (2015) 12 SCC 781; Maksud Saiyed Vs. State of Gujarat, (2008) 5 SCC 668; State of Haryana Vs. Bhajan Lal, 1992 Supp. (1) SCC 335; Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra, 2021 (4) BLJ 135 (SC) : 2021 SCC OnLine SC 315; Hridaya Ranjan Prasad Verma Vs. State of Bihar, (2000) 4 SCC 168; Delhi Race Club, (1940) Ltd. Vs. State of Uttar Pradesh, 2024 SCC Online SC 2248; R. Kalyani Vs. Janak C. Mehta, (2009) 1 SCC 516 – Relied
Thermax Ltd. Vs. K. M. Johny, (2011) 13 SCC 412; Dalip Kaur Vs. Jagnar Singh, (2009) 14 SCC 696; Sheila Sebastian Vs. R. Jawaharaj, (2018) 7 SCC 581; Mohammed Ibrahim Vs. State of Bihar, (2009) 8 SCC 751; Sushil Sethi Vs. State of Arunachal Pradesh, 2020 (2) BLJ 127 (SC) : (2020) 3 SCC 240; State of Karnataka Vs. L. Muniswamy, (1977) 2 SCC 699; Devendra Vs. State of Uttar Pradesh, (2009) 7 SCC 495; R. Kalyani Case Vs. Janak C. Mehta, (2009) 1 SCC 516 – Referred.
Harish Kumar, J.—This Court has heard Mr. Dhruba Mukherjee, learned Senior Advocate along with Mr. Arup Kumar Chongdar, learned Advocate for the petitioner and Mr. Anjani Kumar, learned Senior Advocate for the Vigilance.
2. The petitioner by filing the present application invoking the inherent jurisdiction of this Court, seeking quashing of the entire criminal proceedings pending against him in Special Case No. 343 of 2017 arising out of Vigilance P.S. Case No. 81 of 2017 and also the charge-sheet bearing no. 20 of 2019 dated 25.04.2019, wherein, the petitioner has been charged with offences punishable under Sections 406, 409, 420, 467, 468, 471, 477-A and 120(B) of the Indian Penal Code and Sections 13(1)(d) read with 13 (2) of the Prevention of Corruption Act, 1988.
3. Shorn of unnecessary details, the facts which are necessary for the final adjudication of the matter are as follows: The aforenoted vigilance case has been instituted on the basis of enquiry conducted by Sri Arun Kumar, Dy. S. P., Vigilance Investigation Bureau, Patna in the light of the report issued by the vigilance and other departments in connection with large scale corruption in the schemes of Bihar Mahadalit Vikas Mission (hereinafter referred to as “BMVM”) established under the SC/ST Welfare Department, Government of Bihar. Under the BMVM, several schemes were launched by the Government of Bihar for the welfare of SC/ST e.g. Dashrath Manjhi Kaushal Vikas Scheme; Chief Minister Mahadalit Poshak Scheme; Special Schools and Hostels etc. Under the Dashrath Manjhi Kaushal Vikas Scheme, the boys and girls of the community have to be given free technical education so that they may get employment. The BMVM was established in 2007 but the technical training was introduced in the year 2010.
4. In the light of the complaint, enquiry was conducted to look into the allegation of financial irregularities committed in the name of training of the students for Microsoft Office Trade. On 29.03.2011, tender was published in the name of Expression of Interest (hereinafter referred to as “EOI”) for imparting training of Microsoft Office Trade and for the said purpose, a committee of officers was constituted. The tender was invited; in response thereto, ten companies submitted their proposal. After evaluation of the proposal, the proposal of Sri Ram New Horizons (hereinafter referred to “SRNH”) was found to be satisfactory and accordingly, the selection committee recommended its name for the aforenoted work. Agreement was entered into on 23.09.2011 with the aforesaid company. As per the agreement, 3445 students were to be given training at the rate of Rs. 4081/- per candidate and 70 per cent of the said money was to be paid only after imparting training to the trainees, making available the study materials and completion of the training examination and certification. It is alleged that the company imparted training to 3445 students but the same was not verified and advance payment of Rs. 98,41,322/- was paid at the rate of Rs. 4081/- in place of Rs. 2081/-, that too without verification of the trainees. All the training was to be completed within one year from the date of inception and the agreement was signed by Sourav Basu (petitioner), who was at that point of time Vice President of SRNH.
5. In the light of the agreement, SRNH started training programme from 17.11.2011 from Microsoft Trade in the different districts of Bihar and got payment of Rs. 10,29,228/- for the financial year 2011-12, Rs. 89,23,923/- for the financial year 2012-13. The agency had allegedly imparted training to 3445 trainees, but did not conduct any examination and 70 per cent amount was paid and remaining 30 per cent was to be given only after examination and certification.
6. Similarly, in the year 2013-14, 2014-15, 2015-16, SRNH got payment of Rs. 1,16,74,072/- and till financial year 2015-16, it is stated that SRNH had imparted training to 9573 trainees. It is also revealed that during the financial y
Sharad Kumar Sanghi vs. Sangita Rane
Maksud Saiyed vs. State of Gujarat
Hridaya Ranjan Prasad Verma vs. State of Bihar
Sheila Sebastian vs. R. Jawaharaj
Mohammed Ibrahim vs. State of Bihar
Sushil Sethi vs. State of Arunachal Pradesh
State of Karnataka vs. L. Muniswamy
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