Full Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.51531 of 2007 =========================================================== 1. Md. Shoaib Alam @ Shoaib Alam 2. Md. Muzaffar Alam, son of Md. Shoaib Alam, both residents of Mohalla Madhopara, Azad Nagar, Police Station K. Hat, District Purnea .... .... Petitioner/s Versus 1. The State of Bihar 2. Hajee Md. Shoab Alam S/o late A. Gaffar, at Maniamore, P.S. Naugachia, Distt. Bhagalpur .... .... Opposite Party/s =========================================================== Appearance : For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate For the State : Mr. R.C. Singh, A.P.P. For Opposite Party No.2 : None =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT
Date:
20. 08-2013 No one appears on behalf of the Opposite Party No.2. The Petitioners seek quashing of the entire proceeding including the order of cognizance dated 24.5.2007 passed by the Additional Chief Judicial Magistrate, Naugachia in Naugachhia P.S. case No.99 of 1989. The case of the Informant is that a public meeting was held in the campus of St. Mehin School, Naugachia under the presidentship of the Informant for forming a trust for upliftment of education of minority students. In the said meeting Petitioner No.2 asked the aforesaid subscribing members to sign on a sheet of paper and trusting him he did so. Subsequently the Petitioner No.2 changed the name of the chairman and inserted the name of another and annexing a copy of Patna High Court Cr.Misc. No.51531 of 2007 dt.20-08-2013 2 the resolution of the general meeting filed the document for registration of the trust, which was registered vide Registration No.345 of 1988-89. The Petitioner No.2 thereafter floated two institutions and attracted large number of students and their guardians and collected huge amount of money. However instead of jointly operating the trust money as per the rules of the society the accused persons misappropriated the amount and hence he filed the present Complaint. It appears that after the First Information Report was instituted in the year 1989 the investigation continued for the next eighteen years and charge sheet was finally submitted on 12.4.2007. It has been submitted that even conceding the allegations in the First Information Report it appears that it has been filed by a rival faction of the society on unverified allegations since no student appearing has ever complained against the institutions. Considering the aforesaid aspects of the matter, the application is allowed and the entire proceeding including the order dated 24.5.2007 passed by the Additional Chief Judicial Magistrate, Naugachia in Naugachhia P.S. case No.99 of 1989 is hereby set aside. (Anjana Prakash, J) NAFR/Narendra/-