GAHC010228042014 2025:GAU-AS:14512

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.Pet./1024/2014

DR. CHENIRAM DUTTA

S/O LT. GOPAL CHANDRA DUTTA R/O VILL- CHARIGAON, P.S. JORHAT P.O.

BAHONA, DIST. JORHAT,ASSAM

VERSUS

THE STATE OF ASSAM AND ANR

ASSAM

2:DR. PRASANNA KUMAR DUTTA

PRINCIPAL and SECRETARY

GOVERNING BODY BAHANA COLLEGE

JORHAT

DIST. JORHAT

ASSAM

Advocate for the Petitioner : MR. S BORTHAKUR, MS. P BORAH

Advocate for the Respondent : MR. P MAHANTA, ,,,PP, ASSAM,MS. P SAHARIA

BEFORE

HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 28-10-2025

Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. B. Sarma,

learned Additional. P.P. Assam, appearing for the State/ respondent No. 1 as well as Mr. P.

Mahanta, learned counsel appearing for the respondent No. 2.

2. The present petition under Section 482 Cr.P.C. has been instituted by the petitioner, herein, praying for quashing of the charge-sheet No. 135/2013 dated 13-03-2013 laid by the police in the proceeding of G.R. Case No. 2312/2002 under Section 409 IPC, presently pending, against the petitioner, before the court of learned Judicial Magistrate First Class, Jorhat.

3. The facts, in brief, requisite for the purpose of adjudication of the issue arising in the present proceeding is noticed as under. The petitioner had held the post of Principal of the Bahona College, Jorhat, w.e.f. 31-07-2004 to 21-05-2010. The petitioner had retired from his services on reaching the age of superannuation w.e.f. 30-09-2010. After the superannuation of the petitioner from the College, on a scrutiny made with records of the College, it was found that the petitioner was involved in the commission of large scale financial irregularities during his tenure as the Principal of the College. Departmental proceedings were instituted against the petitioner, herein, and the enquiry report submitted therein had brought to the forefront commission of gross negligence, diversion of College fund and misappropriation of College funds to the extent of Rs. 37,31,706/- (Rupees Thirty Seven Lakhs Thirty One Thousand Seven Hundred Six). The petitioner was imposed with the penalty of dismissal from service which was approved by the Directorate of Higher Education, Assam. The said materials having come on record, the incumbent in the office of the Principal, Bahona College lodged an FIR on 08-12-2012 before the Officer-in-Charge, Jorhat Police Station praying for institution of criminal proceeding against the petitioner, herein. The police on receipt of the same had registered the same as Jorhat P.S. Case No. 1251/2012 under Section 409 IPC.

4. On conclusion of the investigation in the matter, basing on the materials coming on record, the police lodged charge-sheet being Charge-Sheet No. 135/2013 dated 13-03- 2013 in G.R. Case No. 2312/2012, presently pending before the court of Judicial Magistrate First Class, Jorhat.

5. The petitioner under the above-noted fact situation has instituted the present proceeding praying for quashing of the said charge-sheet along with the said proceeding in G.R. Case No. 2312/2012.

6. Mr. S. Borthakur, learned counsel for the petitioner at the outset has submitted that the present criminal proceeding instituted against the petitioner is based on the materials coming on record in the departmental proceeding instituted with regard to the same allegations against the petitioner, herein. He submits that the FIR so lodged in the matter was motivated and was filed with the sole purpose of damaging the petitioner’s image and reputation. Mr. Borthakur has submitted that the departmental proceedings were instituted against him solely basing on the initiative taken in the matter by 02 (two) faculties of the College who had some personal score to settle with the petitioner. He submits that it is on the basis of the statement adduced before the police by the said two faculty members that the police proceeded to lay the charge-sheet against