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2007 Supreme(Gau) 804
GAUHATI HIGH COURT
T.Nanda Kumar Singh, J.
Nameirakpam Dhiren Singh and Ors. -Appellant
Versus
State of Manipur and Anr. -Resopndent
Criminal Petition No. 4 of 2007
Decided On : 11-12-2007
A.Bimol Singh, Th.Ibohal Singh
The court can exercise its inherent power under section 482, Cr.PC to prevent the abuse of process of any court or otherwise to secure ends of justice, particularly when the allegations made in the first information report do not prima facie constitute any offence or make out a case against the accused.
Headnote:
Cr.PC - Quashing of Criminal Proceeding - Section 17/21 UA(P) Act, 2004, Section 403/424/120-B/121/121-A, IPC - Summary of Acts and Sections: The court exercised its inherent power under section 482, Cr.PC to prevent the abuse of process of any court or otherwise to secure ends of justice. The allegations made in the first information report did not prima facie constitute any offence or make out a case against the accused, leading to the quashing of the criminal proceeding.
Fact of the Case:
The petitioners sought to quash the criminal proceeding of FIR No. 15(2) 2005 Lamphel P.S. under section 17/21 UA(P) Act, 2004 and the section 4037 424/120-B/121/121-A, IPC. The case involved the deduction of 10% of MDM rice from a godown, leading to a report being submitted to the Deputy Commissioner and subsequent criminal proceedings against the petitioners.
Finding of the Court:
The court found that the allegations made in the first information report did not prima facie constitute any offence or make out a case against the accused, leading to the quashing of the criminal proceeding.
Issues: The main issue was whether the allegations in the first information report constituted an offence or made out a case against the accused.
Ratio Decidendi: The court exercised its inherent power under section 482, Cr.PC to prevent the abuse of process of any court or otherwise to secure ends of justice, based on the principle that the allegations made in the first information report did not prima facie constitute any offence or make out a case against the accused.
Final Decision: The court quashed the criminal proceeding against the petitioners.
2. The facts in nutshell which would be sufficient for deciding the present case are that on 4.1.2005 Shri D. Champoudai, Assistant Inspector of Schools, ZEO, Tamenglong and Shri N. Ranglung, Assistant Inspector of Schools, TADC, Tamenglong submitted a report to the Deputy Commissioner, Tamenglong that they had placed indent of MDM rice with the District Manager, FCI, Imphal for the required quantity of 842.58 quintals for the month of January 2005 for ZEO and CEO, Tamenglong. Accordingly, the release order had. been issued on 17.1.2005 but when they went to the FCI Godown on 30.1.2005 for lifting the said 842.58 quintals of rice, it had been intimated that some underground organizations had deducted 10% of the total quantity of MDM rice to be lifted and accordingly the concerned officials of the FCI for the Godown Shed Nos. 5 and 6 of the FCI had deducted 10% of the said MDM rice, i.e., amount deducted was 84 quintals.
3. On receipt of the said report dated 4.1.2005, the Deputy Commissioner, Tamenglong submitted a report to the Superintendent of Police, Imphal West District, Manipur that when the said two officers, i.e., Shri D. Champoudai, Assistant Inspector of Schools, ZEO, Tamenglong and Shri N. Ranglung, Assistant Inspector of Schools, TADC, Tamenglong went to collect 842.58 quintals of MDM rice from the shed Nos. 5 and 6 of the FCI Godown, Imphal, the officials of the FCI who were in-charge of shed Nos. 5 and 6 of the FCI Godown had deducted 10% of the said quantity of MDM rice. For ready reference the said report dated 4.1.2005 submitted by the said two (2) Assistant Inspector of Schools and the said the report of the Deputy Commissioner, Tamenglong dated 4,1.2005 are quoted hereunder : -
The Deputy Commissioner,
Tamenglong.
Sub : Report on Mid-day meal lifting for the month of January, 2005.
Sir,
We, the undersigned have the honour to report the following facts for your information and necessary action.
That, we have placed indent of MDM rice with District Manager, FCI, Imphal with the required quantity of 842.58 quintals for the month of January 2005 for both the ZEO and CEO, Tamenglong and accordingly release order has been issued on 17.1.2005. However, due to closure/ban of FCI of FCI Godown by some organization 19-30th January, 2005, we ware constrained to lift the rise on 31.1.2005. As such while lifting at Godown, some U.G. Organisation has intimated us not to lift the rice unless 10% of the total quantity is deducted for them. The quota for the month of January, 2005 is too lapsable after 31.1.2005. As these circumstances arises all the District in-charge of MDM converged together discussed for any way out. But as the matter could not be negotiated we were forced to deduct 10% of the total quantity (84 quintals) shed Nos. 5 and 6, FCI Godown, Sangaiprou, Imphal.
Therefore, this report is submitted for your information and necessary action.
Yours faithfully
Dated 4th January, 2005
1. Sd- D. Champoudai
Assistant Inspector of Schools,
ZEO, Tamenglong.
2. Sd/- N. Ranglung
Assistant Inspector of Schools,
TADC, Tamenglong.
NO.DC/TML/11/135-MDM/2000
GOVERNMENT OF MANIPUR OFFICE OF THE DEPUTY COMMISSIONER: TAMENGLONG
Tamenglong, the 4th January, 2005.
To
The Superintendent of Police,
Imphal West District, Manipur.
Sub : Deduction of 10 percentage of Mid-day meal rice quota at FCI Godown Sangaiprou Imphal, on behalf of underground Organisation.
Sir,
With reference to the above subject I am to state that 842.58 qtls of rice under Mid-day Meal Scheme was allotted for the month of January, 2005 in respect of Tamenglong District for Zonal Education Officer and Chief Executive Officer (Tamenglong District Council
