The main legal point established is that the court must find a prima facie case to frame charges, and the evidence must reasonably connect the accused with the alleged offence.

Heard Mr. S.K. Goswami, learned counsel for the petitioner and also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1.

2. In this petition, under Section 482 read with Sections 397 and 401 of the Code of Criminal Procedure, 1973, the petitioner, namely, Dr. Jogesh Borah has challenged the correctness of otherwise of the order dated 06.05.2022 passed by the learned Judicial Magistrate First Class, Nazira, Sivasagar, in PRC Case No.143/2020, arising out of Simaluguri P.S. Case No.76/2019, under Sections 406/409/420 IPC. It is to be noted here that vide impugned order dated 06.05.2022, the learned Court below has framed charge against the present petitioner Dr. Jogesh Borah, under Sections 409/34 IPC.

3. The background facts leading to filing of the present petition are briefly stated as under:-

“The petitioner Dr. Jogesh Borah had served as Assistant Professor in the Gargaon College, Simaluguri and he was also the Vice Principal of the said college and he retired from the post of Associate Professor of Gargaon College on 31.01.2019. While he was serving as Vice Principal of the Gargaon College, he was the President of Samabai Aru Rindan Samabay Sammittee (SARSS) Ltd., a society registered under the Assam Cooperative Societies Act, 2007 and one Smt. Irina Konwar, the respondent No.4, was the Secretary of the said Sammittee, which includes both teaching and non-teaching staff. As per Rule of the said Sammittee, Secretary has to conduct Annual General Meeting every year and as per direction of the President and the Secretary of the Sammittee has to maintain and submit audit and annual books of accounts of the Sammittee and the same have to place in the Annual General Meeting for approval and the Secretary has also the burden of looking after the accounts and to manage the funds. But Smt. Irina Konwar, respondent No.4, has failed to carry out the said duty properly and failed to make audit of the books of accounts of the Sammittee available for three consecutive terms i.e. 2015-16, 2016-17 and 2017-18 and failed to call Annual General Meeting for the consecutive terms showing her various reasons. She has also filed one Misc.(J) Case No.06/2018, arising out of Title Suit No.10/2018, before the learned Munsiff, Nazira and obtained ex-parte ad-interim injunction order on 31.07.2018, whereby the learned Court below has injuncted in convening and holding of Annual General Meeting of the Samabai Aru Rindan Samabai Sammittee of Gargaon College. Thereafter, the petitioner along with two others have challenged the aforesaid order before the learned Civil Judge, Sivasagar, in Misc. Appeal No.05/2018, but the learned Civil Judge, Sivasagar has dismissed the same vide order dated 20.09.2018. Thereafter, the petitioner along with one Shri Anil Tanti and Shri K.J. Handique and Smt. Meghali Bora approached this Court by filing one CRP(I/O) No.328/2018, challenging the order dated 20.09.2018 passed by the learned Civil Judge, Sivasagar and this Court vide order dated 28.09.2018 was pleased to stay the operation of the impugned order dated 31.07.2018 passed by the learned Munsiff, Nazira, Misc.(J) Case No.06/2018, arising out of Title Suit No.10/2018. Thereafter, the Annual General Meeting was held on 08.10.2018 and the respondent No.4 Smt. Irina Konwar was called to submit the accounts details of the Sammittee and thereafter, the new Managing Sammittee has been formed and finally accounts were audited by appointing internal auditors and they found that Smt. Irina Konwar, Ex-Secretary of the Samabai Sammittee had misappropriated a sum of Rs.13,67,826/-during the period 2015-16, 2016-17 and 2017-18 and the aforesaid amount was deposited in her own bank account and thereafter, the President and Secretary of the new Sammittee filed one FIR before the Officer-in-Charge, Simaluguri Police Station on 27.05.2019 and thereafter, the Officer-in-Charge, Simaluguri Police Station registered Simaluguri P.S