High Court under Section 482 CrPC cannot quash proceedings via mini-trial or evidence appreciation; magistrate cannot alter sections at cognizance on charge sheet, only at charge framing.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 CrPC with the prayer for quashing and setting aside the entire criminal proceeding including the order dated 01.11.2022 passed in connection with Deoghar (Town) P.S. case no. 94 of 2019 corresponding to G.R. case no. 1112 of 2022 whereby and where under, learned Chief Judicial Magistrate, Deoghar based on the charge sheet submitted by the police in the case, has taken cognizance of the offences punishable under Sections 409, 420, 467, 468, 471, 120B of the IPC inter alia against the petitioners.

3. The allegation against the petitioners is that the petitioners along with the co-accused of the case, some of whom are the officers of Bharat Sanchar Nigam Limited (BSNL) and its predecessor-in- interest, Department of Telecommunication, committed forgery for the purpose of cheating and also used forged documents as genuine and being public servant and agent, committed criminal breach of trust, in respect of the property entrusted to them, by falsely claiming to be the Temporary Status Mazdoors (TMS) of the said BSNL and its said predecessor-in-interest being the Department of Telecommunication and when the same was detected and their so called service was kept in abeyance, the petitioners challenged the said order by which their services were kept in abeyance and which keeping in abeyance order was passed by the competent officer; before the Central Administrative Tribunal (CAT), Patna. One of such cases relates to O.A. No. 51 / 132 / 2017, wherein it was contended by the BSNL and the Department of Telecommunication that the documents produced by the petitioners and some other co- accused persons, were forged documents. It was observed by the Central Administrative Tribunal that only if the BSNL authorities initiate action against their senior guilty officers who have helped to perpetrate the fraud, then such claim of BSNL would be credible. The matter was enquired into by the concerned officers of the BSNL and the DGM, Vigilance after due enquiry found eleven officers and fourteen TSM to be prima facie involved in the acts of omission and commission of malafide and on the basis of the same the written report was lodged with the Officer-In- charge, Deoghar Town Police Station and basing upon the written report of Officer-In-charge, Deoghar Town Police Station, Deoghar (Town) P.S. case no. 94 of 2019 was registered. After registration of the case police took up investigation of the case. After completion of the investigation, the police found the allegations made against the petitioner is to be true basing upon the materials collected during the investigation of the case, including the statement of the witnesses and submitted chargesheet against the petitioners and the co-accused persons, for having committed the offence punishable under Sections 409, 420, 467, 468, 471 and 120B of IPC. On the basis of the said charge sheet submitted by the police, vide order dated 01.11.2022 in G.R. case no. 1112 of 2022 arising out of Deoghar (Town) P.S. case no. 94 of 2019, learned Chief Judicial Magistrate, Deoghar took cognizance of the said offences in respect of which charge sheet was submitted, inter alia against the petitioners.

4. It is submitted by learned senior counsel for the petitioners relying upon the order of the Hon’ble Supreme Court of India in the case of Pradeep Kumar Kesarwani vs. The State of Uttar Pradesh & Anr. passed in Cr. Appeal no. 3831 of 202