1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R GAURAV KUMAR VS. STATE OF RAJ. “S.B. CRIMINAL MISC. PETITION NO.894/2010 UNDER SECTION 482 Cr.P.C.” DATED : 9.11.2010 P R E S E N T HON'BLE MR.JUSTICE KAILASH CHANDRA JOSHI Mr.RK Charan for the petitioner. Mr.AR Nikub, PP ***** BY THE COURT:- By way of petition under Section 482 Cr.P.C. petitioner Gaurav Kumar has prayed to quash the FIR No.25/2010 lodged at Police Station Mt. Abu Distt. Sirohi registered against the petitioner and others under Sections 420 and 406 of the Indian Penal Code by invoking extra ordinary jurisdiction of this Court. The brief facts giving rise to this Misc. Petition are that on 18.04.2004, Chairman of Rotary Integrated School, lodged an FIR of offence under Sections 420 and 406 IPC alleging therein that Chhagan Singh alongwith present petitioner Gaurav Kumar respectively working 2 as Accountant and Clerk in the Institute inspite of directions for submission of the statement of fees of the students did not submit a complete statements as such an Enquiry committee was constituted and the said committee found discrepancies in the original receipts and carbon copies etc. On the basis of report of the committee, FIR was registered for the above offences at Police Station Mt. Abu Distt. Sirohi. Present petition has been filed to quash the above FIR and the investigation proceedings. It was contended by the learned counsel for the petitioner that the constitution of the committee by institution was in violation of the Rajasthan Non-Governmental Educational Institutions Act as per the provisions no member of the Department of Education or State Government was therein so called enquiry committee, therefore, the FIR lodged on the basis of report of the committee itself is nothing but abuse of process of law and the transaction initiated against the petitioner pursuant to above report deserves to be quashed and set aside. Per contra, learned Public Prosecutor rebutted the arguments advanced by the counsel for the petitioner. I have considered the arguments advanced by the learned counsel for both the parties. In State of Haryana Vs. Bhajan Lal a question came up for consideration as to whether quashing of the FIR filed against the respondent Bhajan Lal for the offences under Sections 161 and 165 3 IPC and Section 5 (2) of the Prevention of Corruption Act was proper and legal. Reversing the order passed by the High Court, this Court explained the circumstances under which such power could be exercised. Apart from reiterating the earlier norms laid down by this Court, it was further explained that such power could be exercised where allegation made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can aver reach a just conclusion that there is sufficient grounds for proceedings against the accused. No doubt, at the stage of quashing an FIR or complaint the High Court is not justified in embarking upon an inquiry as to the probability, reliability or genuineness of the allegation made therein. Subject to certain exceptions anybody may set the criminal proceedings into motion even if constitution of committee may not have strictly made as provided in Rajasthan Non-Govermental Education Institution Act and the investigation by police about embezzlement is not incompetent basically as argued by learned counsel for the petitioner. The constitution of Committee was just to undertake the internal matters of the institution and for verification of certain facts. In the instant case, it is alleged that petitioner was dealing with cash as he was the only person responsible for collecting the fees. When the suspicion arose about amount of fee collected and deposited, he was asked to furnish account and explain but he proceeded on leave 4 which clearly reveals that he might have committed embezzlement etc. President of the committee who happens to be complainant also lodged the FIR also in Police Station Mt. Abu which is pending investigation and accused petitioner seeks relief for quashing it. It is also alleged that it is an outcome of enquiry made by the committee which was not constituted as per proceedings of law. At this stage, I am not inclined to accept this contention only an investigation is being carried out about truthfulness of allegations of embezzlement which is not required to be quashed. In the facts and circumstances of the case and further in view of the principles propounded by the Hon'ble Supreme Court in Bhajan Lal's Case [Supra], it cannot be said that even assuming all the facts of FIR to be correct it does not disclose commission of any offence or FIR is frivolous or vexatious. Thus, the petition is being devoid of any force. the petition is being devoid of any force. Accordingly, the petition filed by the petitioner under Section 482 of the Cr.P.C. is dismissed. [KAILASH CHANDRA JOSHI], J. mamta