The court can exercise its inherent power under section 482 Cr.P.C. to quash criminal proceedings if they are maliciously instituted with an ulterior motive, as per 'State of Haryana V. Bhajan Lal'.

JUDGMENT :

By order dated 22.06.2017 notice has been issued upon the O.P. No. 2. Notice has been validly served upon the O.P. No. 2. Name of the counsel for the O.P. No. 2 is appearing.

2. On repeated calls, nobody appeared on behalf of O.P. No. 2. The matter is of the year, 2017. Accordingly, this matter is being heard on merit.

3. Heard Mr. Anil Kumar Sinha, learned senior counsel for the petitioners assisted by Mr. Lal Vikram Nath Shahdeo, learned counsel and Mr. Ravi Prakash, learned counsel for the State.

4. This petition has been filed for quashing of entire criminal proceeding including order taking cognizance date 09.12.2016 passed by the learned C.J.M., Chaibasa in connection with G.R. Case No. 538 of 2015, pending in the Court of learned C.J.M., Chaibasa.

5. The O.P. No. 2 has filed complaint case stating therein that he is Principal of Padmawati Jain Shishu Vidya Mandir, Chaibasa. Accused No. 20, Vidya Vikas Samity, Ranchi is a society for the purpose of training of the recruited teacher on payment basis and other accused nos. 1 to 19 are directly and indirectly associated with accused no. 20. It is further alleged that on 08.08.2015 at about 3 P.M. the accused persons named in serial nos. 1 to 19 all associate of accused no. 20 besides other accused persons entered into the official chamber of the complainant situated at Premises of Padmawati Jain Sarswati Shishu Vidya Mandir, Chaibasa by breaking all security channel and on the point of pistol, they took blank signature over more than 100 blank pages as well as signature over few stamp papers and blank cheques and snatched cash amount of Rs.15,000/- from the pocket of the complainant and Rs. 1 lakh from the chamber’s lock. The complainant somehow saved his life. The accused persons threatened the complainant for dire consequence. It is further alleged that on 08.08.2015 all the accused persons by breaking lock of main gate of school building, school auditorium/hall, 35 rooms, science laboratory, library and computer room etc captured the entire school buildings with all infrastructure, furnitures, official records, available cash in locker, cheque books, books of accounts, all worth of Rs.2,71,30,364/- as per audited assets as on 31.03.2014 and Rs.4,00,00,000/- as per audited assets as on 31.3.2015. It is further alleged that the accused no. 1 to 19 also assaulted Manju Devi at School premises. It is further alleged that the accused nos. 1 to 19 without consent and necessary permission of the complainant downloaded, copies and extracts of schools installed computer, computer system, computer network including information or data. It is further alleged that the accused no. 20 and its associates accused nos. 1 to 19 had shown forged documents with regard to giving affiliation to school and have cheated so many schools in Jharkhand by receiving Rs.500/- per child. It is further alleged that on 23.07.2015 at about 2. P.M. the accused no. 4 called the complainant at Khirwal Dharmshala, Chaibasa and threatened the compliant. On 09.08.2015 at about 10 A.M. the accused no. 1 to 19 illegally disconnected the water supply and electric connections of the residential quarter of the employed teachers and other staff and misbehaved with female members of the said quarter. It is further alleged that earlier the witness no. 2 Akhileshwar Sinha has filed one application dated 22.06.2015 under section 39 of Code of Criminal Procedure against the accused nos. 20 and 17 and others. The complainant and so many other persons available at place of occurrence got injured by the acts of the accused persons. On the basis of these allegations, the complaint has been filed.

6. Mr. Anil Kumar Sinha, learned senior counsel for the petitioners submits that all the petitioners are governing body of the school namely, Sarswati Shishu Vidya Mandir, Chaibasa. He further submits that since the land in question was donated by Padmawati Jain, lateron the name of the school has been changed as Padmawati Jain