IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44863 of 2008 LALITESHWAR PRASAD SHARMA …. PETITIONER Versus THE STATE OF BIHAR THRU. CBI. ….. OPP. PARTY ----------- 2. 26.11.2008 Heard Sri Ramakant Sharma, Senior Advocate for the petitioner and Sri Bipin Kumar Sinha for the CBI. The petitioner claimed himself to be the Secretary of NGO of Dr. Hedgewar Smarak Samiti, Rampur Chauram, District – Arawal presented a project report of over Rs. 5,00,000/- for upliftment of the irrigation facilities in village Ankuri in Block Mahabalipur under P.S. Paliganj in Patna district by construction of a ring dam, installation of hand pumps and tube wells and the petitioner presented forged and fabricated memorandum of Association as also the registration certificate as NGO with the CAPART in Patna Regional Committee. It appears that the CAPART provided to the petitioner’s NGO amount of Rs. 3.18 lakhs for the execution of the project, but it appears swindled by the petitioner as also some others. - 2 - The contention of Sri Ramakant Sharma, the learned Senior Counsel appearing for the petitioner that the charge sheet submitted by the CBI indicates that reads “ Sri Braj Bhushan Rai has co-signed the cheque and the withdrawal of money took place. The misappropriation is not proved beyond all reasonable doubt on their part, but Sri Braj Bhushan Rai being the Treasurer of the NGO is a party in the whole conspiracy and cheating with accused Laliteshwar Prasad Sharma, the petitioner. If one could go through the charge sheet and the contents thereof, it is very clearly indicates by making reference to the statements of the local Mukhia and other persons, who could the beneficiary of the project that nothing had actually happened, not even a single pump set was sunk and the entire fund was misappropriated. The contents of the charge sheet as pointed out by the learned Senior counsel could be relevant for a particular accused. As regards his individual - 3 - participation, when this petitioner could not deny his responsibility of preparing project report and the forged certificate for registration while he was the Secretary of the NGO, there could not be any other inference than of wrongful fraudulent intent of cheating and misappropriating after bring into existence the false documents in support thereof. The petition is dismissed. DKS/ (Dharnidhar Jha, J.)