IMPORTANT POINT
The court reaffirmed that quashing of criminal proceedings is not justified when prima facie evidence of an offense exists.

JUDGMENT :

Manoj Kumar Tiwari, J.

Accused applicant has preferred this Criminal Miscellaneous Application, under Section 482 CrPC, seeking to quash the chargesheet dated 6.2.2023, summoning order dated 22.2.2023 and the entire proceedings of Criminal Case No. 204 of 2023, under Sections 409 and 477-A IPC, pending in the Court of Chief Judicial Magistrate, Pauri Garhwal.

2. Factual matrix giving rise to present petition is that the accused applicant was appointed as Training and Placement Officer (TPO) in Govind Ballabh Pant Institute of Engineering and Technology, Pauri Garhwal on 07.01.2006. Pursuant to an advertisement dated 3.1.2017 for the post of Registrar, applicant applied and he was ultimately selected and appointed as Registrar of the said Institute on 2.12.2019. Vide order dated 19.8.2021, passed by Additional Chief Secretary, Technical Education, applicant was attached with Nanhi Pari Simant Engineering College, Pithoragarh, and charge of Registrar of Govind Ballabh Pant Institute of Engineering and Technology was given to one Dr. Y. Singh on 24.8.2021. Feeling aggrieved, applicant filed WPSB No. 373 of 2021, which was allowed by this Court vide judgment dated 21.9.2021 and relieving/attachment order dated 19.8.2021 was set aside.

3. Meanwhile, on 20.09.2021, Dr. Y. Singh wrote a note to Vice Chancellor that applicant’s selection as Registrar has not been done as per rules and norms and, pursuant to his attachment with Nanhi Pari Simant Engineering College, Pithoragarh, applicant is not handing over documents/records related to recruitment process of the year 2018 & 2019. On 20.9.2021 itself, applicant was placed under suspension and, ultimately, on 19.5.2022, appointment of applicant as Registrar was terminated.

4. In the meantime, on 30.10.2021, an FIR was lodged by respondent no. 2 against the applicant alleging that recruitment process pertaining to the posts of Teachers & Registrar in the year 2018 and 2019 in the G.B. Pant Institute of Engineering and Technology were conducted under the aegis of applicant Sandeep Kumar, who is not handing over the original records pertaining to the said recruitment process and has misappropriated the same due to his personal interest/benefit, and he is absconding with those records from the Institute. Pursuant to the said FIR, a special investigation team was constituted under Senior Superintendent of Police, Pauri Garhwal, and after completion of the investigation, charge-sheet was filed against the applicant for the offences punishable under Sections 409 and 477-A IPC. Thereafter, learned Chief Judicial Magistrate, Pauri Garhwal took cognizance of commission of offences, as alleged, against the applicant and, vide order dated 22.2.2023, summoned him to face the trial. Thus, feeling aggrieved, accused applicant filed this petition invoking the inherent power and jurisdiction of this Court under Section 482 CrPC, submitting that the impugned chargesheet, summoning order and the entire criminal proceedings initiated against him are the abuse of the process of law.

5. Heard learned counsel for the parties and perused the material on record.

6. Learned counsel for the accused applicant contended that there is no allegation that applicant falsified any account; necessary ingredients of Section 409 IPC, i.e. entrustment of documents/records and dishonest misappropriation thereof as given in Section 405 IPC, are not attracted in the present case; entire selection process of 2018 & 2019 stood concluded in April, 2019 before applicant’s appointment as Registrar on 2.12.2019; details/list of missing documents are not mentioned in the FIR; no recovery of the allegedly missing documents could be made from the applicant despite search and seizure of his house; charge was handed/taken over by dealing clerks on 27.9.2021 in the absence of applicant; Mr. Y. Singh, officiating Director of the Institute is acting mala fide against applicant; and FIR was lodged by the complainant in collusion with Dr.