Court found no criminal liability for applicants acting under lawful authority, quashed charges related to wrongful salary payments.

1. By means of instant application under S.482, CrPC, the applicants has made following prayer: -

"(a) To quash the Charge - sheet No. 16 of 2005, dated 16.6.2005, and consequential proceedings against the applicants arising out of the Criminal Case No.1253 of 2005, relating to case crime No. 309 of 2003, Under S.409, S.419, S.420, S.467, S.468, S.471, S.201 and S.120B, IPC Police Station Kotwali, District Ballia pending in the Court of Chief Judicial Magistrate, Ballia.

(b) To stay the further proceedings against the applicants in Criminal Case No. 1253 of 2005, pending in the Court of Chief Judicial Magistrate, Ballia relating to Case crime No.309 of 2003, Under S.409,419, 420, 467, 468, 471, 201 and 120B, IPC Police Station Kotwali, District - Ballia.

(c) To restrain the opposite party No.5 from harassing the applicants in relation with the above noted case and or may pass any such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances stated above, of the case."

2. Heard Sri Ashok Kumar Pandey, learned counsel for the applicants and Sri Jai Baharur Singh, learned AGA for the State and perused the record.

3. Learned A.G.A. filed a copy of counter - affidavit dated 02.02.2020 on 26.09.2024 which is taken on record.

4. The factual matrix of the case if brief as appers from FIR version and counter affidavit filed on behalf of the State is that in the year 1999, an enquiry was conducted under the direction of State Government with regard to the illegal and irregular appointments made in Narheji Inter College Narhi, District Ballia at mass level, resulted into burden of payment of salary upon the State exchequer. After completion of enquiry, a First Information Report was lodged on 25.07.2003 against the officials and employees of Education Department, and Management of the College. The said First Information Report was registered as Case Crime No. 309 of 2003 under S.419, S.420, S.409, S.467, S.468, S.471, S.201 and S.120-8 of IPC at Police Station Kotwali, District Balla.

5. That the investigation of aforesaid Case Crime No. 309 of 2003 was conducted by the C.B.C.I.D., Varanasi Sector Varanasi and after completion of the same, a chergesheet vide Charge Sheet No. 16 of 2005 dated 16.06.2005 was submitted before the court below.

6. That during the course of investigation, it had come into picture that one person namely Surendra Nath Singh, alleged as Assistant Teacher. Narheji Inter College, Narhi, District Ballia was removed from the service after due process of inquiry on the ground of absence from the service since February 1999 and misconduct. The above named Surendra Nath Singh prepared forged documents with regard to his service book in conspiracy with the officials and employees of education department and had got his bill of arrears forwarded to the superior authorities for release of payment. On the basis of which, later on, he had been paid a total sum of Rs.6.68.843/- in a wholly forged manner in conspiracy to the erstwhile District Inspector of Schools, Ballia, Finance and Accounts Officer, Assistant Finance and Accounts Officer, Assistant / Senior Clerks and other persons.

7. That for the aforesaid payment to the above named Surendra Nath Singh, forgery with regard to verification of forged Arrear bills and other documents relating to the payment was committed by the persons involved in the aforesaid criminal case in conspiracy with each other and the said payment was made to the above named Surendra Nath Singh, who had not even rendered his services as Assistant Teacher. The said payment had caused a loss to the tune of Rs.6,68.843/- Ample evidences were collected by the Investigating Officer in support of the