JUDGMENT :

1. Heard Sri Sikandar B. Kochar, learned counsel for the applicant, Sri Rajeshwar Singh and Sri J.P.S.Chauhan, learned A.G.A. for the State and perused the material on record.

2. The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 28.07.2022 passed by learned Chief Judicial Magistrate, Bulandshahr in Criminal Case No. 5259 of 2020 (State Vs. Dr. Parvez Alam) arising out of Case Crime No. 0228 of 2020 under Sections 420, 409 I.P.C. Police Station Shikarpur, District Bulandshahr, whereby the application for further investigation of the matter on the basis of documents adduced by the applicant, has been rejected.

3. Brief facts of the case are that the applicant was the Manager of National Inter College, Shikarpur, District Bulandshahr w.e.f November 2017 till 2020, which institution is an aided institution upto High School and is unaided institution with respect to Class XI and XII. Initially a complaint was made by the opposite party no.2 against the applicant, in which, after enquiry, the applicant was found guilty for the charges pertaining to the cheating, criminal breach of trust and misuse of the college land, vide enquiry report dated 05.05.2020. On the basis of that enquiry report, the opposite party no.2 lodged a first information report dated 27.05.2020 against the applicant in Case Crime No. 0228 of 2020 under Sections 409, 420 I.P.C. The matter was entrusted for investigation which culminated in submission of charge sheet dated 15.10.2020, upon which cognizance was taken on 17.10.2020 and during the course of trial, the applicant moved an application for further investigation into the matter on the basis of documents adduced by him, however said application has been rejected vide order impugned dated 28.07.2022. It is this order, which is under challenge before this Court.

4. Learned counsel for the applicant submits that on the complaint filed by the opposite party no.2 the District Inspector of Schools, Bulandshahr conducted an enquiry, in which the applicant was found guilty, thereafter the matter was referred to the Joint Director (Education) Meerut, Zone, who issued a show cause notice to the applicant, which was specifically replied by the applicant and after considering the reply of the applicant, the Joint Director (Education), exonerated the applicant from the charges levelled against him. It is further contended that when the applicant was discharged from the charges levelled against him, the applicant moved an application before the Senior Superintendent of Police, Bulandshahr as well as before the Investigating Officer of the Case Crime No. 0228 of 2020 to investigate the matter after considering the documents furnished by him, however the same was not considered during the investigation and charge sheet dated 15.10.2020 was submitted against the applicant under Section 409, 420 I.P.C. He further submits that the learned Magistrate while taking cognizance, failed to consider the factual and legal aspect of the matter and in a routine manner took cognizance upon the charge sheet. Thereafter, the applicant moved an application before the learned Court below to direct the Investigating Officer to further investigate the matter in light of the documents adduced by him, however the same has been illegally rejected by the learned Court below. Learned counsel has next argued that the very basis of lodging of the F.I.R. was the enquiry report dated 05.05.2020 wherein the applicant was found guilty, thereafter, the show cause notice was issued by Joint Director of Education, Meerut Zone, Meerut, which was replied by the applicant and after considering the reply, the applicant was exonerated from the charges levelled against him and therefore the basis for lodging of the FIR does not survive any more. The learned Magistrate ought to have considered the documents sought to be relied upon by the applicant so that justice may be done, therefore the impugned order is ill