IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 65664-M of 2005 Date of decision: 28th September, 2010 Amrik Singh … Petitioner Versus State of Haryana and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Sudhir Kumar, Advocate for Mr. Narender Hooda, Advocate for the petitioner. Mr. Himanshu Raj, Assistant Advocate General, Haryana for respondent No.1. Mr. A.S. Sullar, Advocate for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Amrik Singh Barnala, a member of the managing committee of Sri Guru Har Gobind Sahib High School, Ambala City, instituted a complaint under Section 156(3) Cr.P.C. in the Court of Chief Judicial Magistrate, Ambala, on the basis of which a case FIR No.127 dated 16.03.2003 was registered at Police Station Ambala City under Sections 406, 420, 465, 467, 471, 218 and 120-B IPC. In the complaint, Piara Singh, Ranbir Singh Fauji and Surinderpal Kaur were arrayed as accused. The police, after investigation, submitted a report under Section 173 Cr.P.C. against the above said three accused. The Court of Chief Judicial Magistrate, Ambala City framed charges for offences punishable under Section 420, 406, 467, 471 and 120-B IPC. Respondent No.2- Surinderpal Kaur, aggrieved against the framing of charge, filed a revision petition in the Sessions Court and the same was decided by the Court of Criminal Misc. No. 65664-M of 2005 Additional Sessions Judge, Ambala vide impugned order (Annexure P-8) dated 29th August, 2005 discharging her of the charges. The present petition under Section 482 Cr.P.C. has been filed by the complainant against the discharge of respondent No.2- Surinderpal Kaur. Counsel for the State, on instructions from Sukhwinder Singh, ASI, Police Station Ambala City, has stated that against the other two co-accused, the trial has made headway. The allegation against respondent No.2-discharged accused-Surinderpal Kaur is that she, in conspiracy with her co-accused Piara Singh and Ranbir Singh Fauji, had misappropriated the funds of the Society and had forged a resolution, wherein Piara Singh and Ranbir Singh Fauji claimed themselves to be the office-bearers of the managing committee. The Court of Additional Sessions Judge, Ambala, while discharging respondent No.2-Surinderpal Kaur, noticed that she was working as a Headmistress in the School and she got the cheques encashed, which were duly given to her by the managing committee and after encashment of the cheques, the funds were disbursed to the employees for payment of salary etc. It was submitted before the Additional Sessions Judge that no cheating or forgery of any resolution was committed by Surinderpal Kaur, while acting as a Headmistress of the School. For discharging respondent No.2- Surinderpal Kaur, the revisional Court in the impugned order observed as under: “8. Admittedly, the petitioner is the Head-Mistress in Sh.Guru Har Gobind Sahib High School, Ambala City. There is a dispute between the complainant Amrik Singh Barnala on one hand and co-accused Piara Singh and Ranbir Singh Fauji on the other hand over the Management of the Society. In this behalf, a civil suit filed by Sh.Guru Har Gobind Sahib High School, Ambala City through its President Sh.Surjit 2 Criminal Misc. No. 65664-M of 2005 Singh Nidder against Ranbir Singh Fauji and Piara Singh etc. is pending decision. In the said Civil Suit, ad-interim injunction application was decided by Ms. Sarita Gupta, the then Addl. Civil Judge (Sr.Divn.), Ambala and the same was allowed. The appeals filed by accused Piara Singh and Ranbir Singh Fauji against the ad-interim injunction order were dismissed by Sh.S.K. Kaushik, the then learned Additional District Judge, Ambala. The present petitioner is not a party to the said civil suit. Both the aforesaid orders of the trial Court as well as that of first Appellate Court were taken in police possession by the Investigating Agency. A perusal of these orders goes to show that there is no allegation against the petitioner regarding any forgery of resolution dated 28.12.2001 by her. The Investigating Agency collected material showing that the cheques issued to the petitioner were signed by Piara Singh or Ranbir Singh. The petitioner, in her capacity of Head-Mistress, simply sent the cheques to the bank for disbursement or she delivered those cheques to the teachers for getting their salary from the bank. During investigation, the Investigating Agency took into possession the relevant record from the bank as well as from the school and there is nothing to show that there was any misappropriation of any amount by the petitioner. Even, there is no charge sheet against the petitioner or other accused under Sections 408 or 409 of the Indian Penal Code for mis- appropriation of any funds of the society. In the complaint, there is nothing shown as to whose signatures on the resolution dated 28.12.2001 were forged by the petitioner. During investigation, signatures of one Sita Singh were alleged to have been forged but a similar complaint filed by said Sita Singh on the same set of allegations already stands dismissed. … …” After perusing the pleadings of the parties, this Court is of the opinion that no fault can be found with the reasoning adopted by the revisional Court below to discharge respondent No.2-Surinderpal Kaur, who was posted as a Headmistress of the School, as she was 3 Criminal Misc. No. 65664-M of 2005 unnecessarily dragged into the dispute regarding control over the affairs of the managing committee. Hence, no interference is warranted in the present petition and the same is hereby dismissed. [KANWALJIT SINGH AHLUWALIA] JUDGE September 28, 2010 rps 4