Inherent jurisdiction under Section 482 should be exercised sparingly, primarily to prevent abuse of process, and cannot substitute factual adjudication at the trial stage.

The applicant-accused Girish Chandra Binwal has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure , 1973 (hereinafter referred to as, “the Code”), to quash the charge-sheet dated 29.05.2020, filed in Criminal Case No.576 of 2020, “State Vs. Girish Chandra Binwal and others”, and cognizance order dated 20.11.2020, passed by the learned Chief Judicial Magistrate, Almora, along with entire proceedings, pending before the Court of the Chief Judicial Magistrate, Almora.

2. Facts, to the limited extent necessary, are that in the scholarship scam, in compliance of the order dated 05.07.2019, passed by this High Court in Writ Petition (PIL) No.33 of 2019, Mr. Naveen Chandra, Sub-Inspector, was appointed as a member of the Special Investigation Team (SIT). After enquiry, he lodged the FIR on 27.12.2019 against the present applicant and one co- accused. After completion of the investigation, the charge- sheet has been filed. Subsequent to the submissions of the charge-sheet, the learned Chief Judicial Magistrate, Almora took the cognizance under Sections 409, 420 and 120-B of IPC against the present applicant and passed the summoning order on 20.11.2020.

3. Heard Mr. Amish Tewari, the learned counsel for the applicant and Mr. T.C. Agarwal, the learned Deputy Advocate General for the State.

4. Mr. Amish Tewari, the learned counsel appearing for the applicant, submitted that the applicant has been implicated in this matter; he was a clerk in Arya Kanya Inter College, Almora at the relevant point of time; the said College was Government aided College; the applicant has retired from the post of Senior Clerk in the year, 2017, whereas, allegation pertains to the year 2011-2012; the applicant was not the signatory of any cheque relating to the scholarship amount; according to the FIR, Rs.01,11,020/- of the scholarship amount was embezzled, whereas, according to the charge-sheet, Rs.05,11,340/- of the scholarship amount was embezzled. The learned counsel for the applicant further submitted that sanction under Section 197 of the Code has not been taken by the Investigating Officer, therefore, cognizance cannot be taken for the offence punishable under Section 409 of I.P.C. In support of the said submission, Mr. Amish Tewari, the learned counsel for the applicant, has relied upon the judgment of Hon’ble Supreme Court in Am rik Singh vs. State of Pepsu, ( 1955) 1 SCR 1302 and State of Punjab vs. Labh Singh ( 2014) 16 SCC 807.

5. Per contra, Mr. T.C. Agarwal, the learned Deputy Advocate General appearing for the State, opposed the submissions of the learned counsel for the applicant and submitted that Rs.06,94,240/- of the scholarship amount was provided to the Arya Kanya Inter College, Almora by the Social Welfare Department for the year 2011-2012. The present applicant was posted on the post of Clerk in the said College. Out of Rs.06,94,240/- only Rs.01,82,900/- of the scholarship amount was disbursed by the said College. The remaining amount was not distributed by the said College. During the course of the investigation, the applicant has stated that he had provided the balance amount back in writing. But, the said balance amount was not refunded. Thus, the present applicant along with co-accused persons had embezzled Rs.05,11,340/-.

6. Section 482 of the Code envisages three circumstances in which the inherent jurisdiction may be exercised, namely, “to give effect to an order under the Code, or, to prevent abuse of the process of any Court, or, to secure the ends of justice.” Section 482 of the Code reads as follows:

“Saving of inherent powers of High Court:- noth