Patna High Court
ARUN KUMARversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The application for quashing the FIR and discharging the petitioner is allowed as there is no evidence of misappropriation of funds.
Summary
Arun Kumar, the in‑charge headmaster of an upgraded middle school in Virupur, was alleged to have misappropriated Rs 18,23,609 released for the construction of six additional classrooms. The Block Education Officer reported the alleged misappropriation, leading to the registration of an FIR under Sections 409 and 420 of the Indian Penal Code and the filing of a charge‑sheet. The petitioner filed a discharge application which was rejected by the Chief Judicial Magistrate, prompting a petition to quash the order and the FIR. Both the petitioner’s counsel and the State’s counsel submitted that the construction work had been completed and no evidence of misappropriation existed. Upon reviewing the records, the High Court found no material to support the charges and therefore allowed the petition to quash the FIR and discharge the petitioner. Consequently, the order of the Chief Judicial Magistrate dated 25‑10‑2018 was set aside and all proceedings arising from the FIR were terminated.
Issues considered
- Whether the FIR and charge‑sheet under Sections 409 and 420 IPC can be quashed on the ground that the alleged work has been completed and no evidence of misappropriation exists
- Whether the petitioner is entitled to discharge from the criminal proceedings
Legislation cited
- Indian Penal Code — s. 409, 420
Subjects
- misappropriation of funds
- criminal breach of trust
- cheating
- IPC 409
- IPC 420
- quash of FIR
- discharge of accused
- school construction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26757 of 2019
Arising Out of PS. Case No.-341 Year-2015 Thana- GHOSI District- Jehanabad
======================================================
Arun Kumar Son Of Ramashray Yadav Resident Of Village - Dumri, P.S.-
Ghosi, District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjesh Kumar Singh
For the Opposite Party/s : Mr. Anil Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 22-01-2026 Heard the learned counsel for the petitioner and Mr.
Jharkhandi Upadhyay, the learned counsel for the State.
2. This application has beenfiled for quashing the
order dated 25.10.2018 passed by the learned Chief Judicial
Magistrate, Jehanabad in G.R. No. 2469 of 2015/Trial No.
1245/2018 arising out of Ghosi P.S. Case No. 341 of 2015 by
which the Court below rejected the discharge application of the
petitioner.
3. The brief facts of the case are that on 04.12.2015,
the Block Education Officer, Ghoshi submitted written
information to the Station House Officer, Ghosi Police Station,
referring to letter no. 1771, dated 09.11.2015 stating that Arun
Kumar, the In-Charge Headmaster of the upgraded Middle
School, Virupur, under Ghosi Block, had been issued an
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advance amount of Rs. 18,23,609/- during the financial year
2011-12. This amount was released to the School Education
Committee of the upgraded Middle School, Virupur, for the
construction of six Additional Classrooms (ACRs) in the school.
However, since the construction work remained incomplete, it
was alleged that this amounted to a case of misappropriation of
the funds. Consequently, the Block Education Officer requested
the registration of an FIR against Arun Kumar, the In-Charge
Head Master. Based on this information provided on
04.12.2015, Ghosi P.S. Case No. 341/2015 was registered on
13.12.2015 under Sections 409 and 420 of the Indian Penal
Code against the petitioner, Arun Kumar. After the investigation,
a charge sheet was submitted under Sections 409/420 of the
Indian Penal Code.
4. The learned counsel for the petitioner after relying
on the records submits that the entire work in question has been
completed.
5. The APP for the State has also supported this
contention of the learned counsel for the petitioner after relying
on the records of the case.
6. In view of the submissions made by both parties
and after perusing the records, it is apparent that the
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construction work, which was initially incomplete, has now
been completed, and no evidence has been found to substantiate
any claim of misappropriation of funds.
7. In these circumstances, the application stands
allowed. Accordingly, the order dated 25.10.2018 passed by the
learned Chief Judicial Magistrate, Jehanabad in G.R. No. 2469
of 2015/Trial No. 1245/2018 arising out of Ghosi P.S. Case No.
341 of 2015 and all the consequential proceedings arising out of
the aforesaid FIR are hereby quashed. The petitioner is
discharge from all the charges.
(Sandeep Kumar, J)
Shishir/-
U T
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