IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38655 of 2008 Dr.Brahmchari Prabhunath Pathak, Son of late Chandrika Pathak, Resident of Village Markan, P.O. Markan, PS Hussainganj, District Siwan at present Principal D.A.V., P.G. College, Siwan, PS Siwan Town, District Siwan ---- Petitioner Versus 1. The State Of Bihar. 2. Shyamdeo Mishra, Son of late Punaydeo Mishra, Resident of Village Matiyar Tiwari Tola, P.O. Matiyar, PS Manjhi, District Saran at Chapra, at present Head Clerk, Dayanand Ayurvedic Medical College, Andar Road, Siwan, PS Hussainganj, P.O. and District Siwan --- Opposite Parties ----------- 2 22.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the opposite party no. 2. The petitioner is the Principal of the D.A.V. Post Graduate College, Siwan and the Ex-Secretary of Dayanand Ayurvedic Medical College. The opposite party no. 2 is the Head Clerk working in Dayanand Ayurvedic Medical College. The opposite party no. 2 withdrew a sum of Rs. 1,50,000/- on 12.5.2007 from the Bank. This money was allegedly withdrawn for the purposes of filling mud in the campus of the said College. The opposite party alleges that on two different dates he handed over the entire money to the petitioner. He further alleges that the petitioner has misappropriated the said amount and not utilized the money for the purpose for which it was withdrawn. Learned counsel for the petitioner on the other hand explains to this Court that the Head Clerk (opposite party no. 2) in connivance with the Ex-Secretary has formed a group which is opposed to the petitioner and their attempt is to oust the petitioner from the posts he holds. The petitioner had issued a notice to the Ex-Secretary for depositing Rs. 1,50,000/- to the College and had 2 also issued a notice to the petitioner along with several other persons to deposit the advance taken by them. This perhaps precipitated the present case. The petitioner has written to the Sanskrit University regarding these aspects of the matter. In my opinion, the Sanskrit University would be the best authority to enquire into the financial transaction of the College and come to a finding regarding this aspect of the matter. As far as, the allegation of handing over the money to the petitioner is concerned, this aspect of the matter cannot be decided at this stage of the case. This Court strongly feels that this matter should be referred to the Sanskrit University by the parties concerned whether it be the petitioner or the opposite party no. 2. As far as the present case is concerned, I am not inclined to interfere with the order impugned dated 14.7.2008, passed in Complaint Case No. 770 of 2008. I make it clear that if the Sanskrit University comes to a finding regarding the circumstances surrounding the allegations made out in the complaint petition, it would be incumbent on the concerned Court hearing this criminal case to take it into account those findings and pass appropriate orders at the proper stage of the case. This application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)