IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Criminal Writ Jurisdiction)

W.P. (Cr.) No. 223 of 2022

Jyoti Kumari, d/o Ashok Vishwakarma, resident of Mohalla Piska More,

Vikash Nagar, Ratu Road, PO Hehal, PS Pandra (OP), District Ranchi

(Jharkhand)

… Petitioner

Versus

1. The State of Jharkhand through the Secretary, Home, Government of

Jharkhand, Ranchi, at Dhurwa, PO & PS Jagannathpur, District Ranchi

2. The Superintendent of Police, Ranchi at & PO Ranchi, District Ranchi

3. The Police Inspector cum Officer Incharge, Kotwali, PS Ranchi, District

Ranchi

4. The President, Ranchi District Bar Association, Ranchi, New Bar

Building, Court Compound, Ketchery Road, Ranchi, PO and PS Kotwali,

District Ranchi

5. Amar Kumar, Treasurer, Ranchi District Bar Association, Ranchi, New

Bar Building, Court Compound, Ketchery Road, Ranchi, PO and PS

Kotwali, District Ranchi

… Respondents

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CORAM: HON’BLE MR. JUSTICE SHREE CHANDRASHEKHAR

For the Petitioner : Mr. Pawan Kumar Choudhary, Advocate

For the State

: Mr. Deepankar, AC to GA III

For the Resp. Nos. 4&5 : Mrs. Ritu Kumar, Advocate

Mr. Samaresh Bhanj Deo, Advocate

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Order No. 06/Dated: 03

^rd February 2023

By an order dated 28^th September 2022, a coordinate Bench of

this Court has passed the following order:

“Mr. Indrajit Sinha, learned counsel for the petitioner submits that

the petitioner was appointed on the post of Assistant Accountant

temporarily with a condition that her service will not be made

permanent till the audit report of the Association is submitted for the

financial year commencing from 1st April, 2020 to 31^st of March,

2021. He further submits that the petitioner was not signatory of the

Bank Account and was not the drawing and dispersing authority of

the Association. He further submits that the petitioner was not at all

in-charge/custodian of the finance and she was supposed to do her

job under the direction and control of the treasurer of the Association.

He further submits that in audit report nothing has been stated

against the petitioner. He submits that the informant in personal

capacity without discussing the matter in the Bar which was the

mandatory duty cast upon the informant to obtain approval from the

committee before lodging the F.I.R. against the petitioner. He further

submits that the petitioner has been made scapegoat. Learned counsel

for the petitioner submits at Bar that new fresh audit for the period

01.04.2021 to 31.10.2021 has been decided which has been disclosed

at para 21 contained in Annexure 8 to the petition. It has been

submitted by the learned counsel for the petitioner that petitioner has

moved anticipatory bail application bearing A.B.A. No. 1317 of 2022

2

WP(Cr.) No. 223 of 2022

before this Court which was dismissed as withdrawn as the petitioner

was not able to deposit the amount in question.

Let notice be issued upon the respondent nos. 4 and 5 under

registered cover with A/D as well as by ordinary process for which

requisites etc. must be filed within one weeks after Durga Puja

vacation.

Learned counsel for the State shall take instruction and file

counter-affidavit within four weeks.

Let this matter appear on 16.01.2023.

Till the next date, no coercive step shall be taken against the

petitioner in connection with Kotwali P.S. Case No. 217 of 2021,

pending in the Court of learned Chief Judicial Magistrate, Ranchi.”

2.

The petitioner has approached this Court with a prayer to quash

the First Information Report (in short, FIR) vide Kotwali PS Case No. 217

of 2021 which was registered on 05^th October 2021 for commission of the

offences under sections 406, 408 and 420 of the Indian Penal Code.

3.

From the writ averments, it appears that the petitioner has

denied her involvement in defalcation of the money and she has made an

allegation that the FIR was lodged without discussing the matt