Petitioner applied to quash criminal proceedings under Section 482 Cr.P.C. citing her resignation and refund of funds. Court rejected arguments, finding prima facie material out for cheating and misappropriation during her tenure, dismissing the application.
Application under section 482 Cr.P.C. to quash criminal proceedings was dismissed.
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CRLMC No.256 of 2004
19.09.2016 Heard Mr. Basudev Pujari, learned counsel for the petitioner and Mr. Jyoti Pra
kash Patra, learned Additional Standing Counsel for the State.
This is an application under section 482 Cr.P.C. filed by the petitioner Smt.
Geetanjali Padhy with a prayer to quash the proceeding in G.R. Case No.156 of 1995 pending on
the file of learned S.D.J.M., Parlakhemundi.
It is the contention of the learned counsel for the petitioner that though the
petitioner joined as a Director in Jeevan Jyoti Finance Limited, Palace Street, Parlakhemundi
on 29.01.1994 but she had no active role in the functioning of the company and she submitted
her resignation on 05.09.1994 and the entire money collected during the tenure of the petition
er as Director has already been refunded to the depositors and therefore, the initiation of th
e proceeding by way of lodging an F.I.R. on 24.06.1995 is based on mala fide and the investiga
ting officer has not carried out the investigation in a proper and legal manner and mechanical
ly submitted charge sheet and
therefore, the continuance of the proceeding against the petitioner is an abuse of process and
therefore, the proceeding should be quashed invoking the inherent power under section 482 Cr.
P.C.
Learned counsel for the State on the other hand contended that the case was in
stituted on the complaint petition filed by one Brundaban Biswal before the learned S.D.J.M.,
Parlakhemundi vide I.C.C. Case No.14 of 1995 which was referred under section 156(3) of Cr.P.C
. to Parlakhemundi Police Station and accordingly, the Inspector in Charge, Parlakhemundi Poli
ce Station registered Parlakhemundi P.S. Case No.66 of 1995 on 24.06.1995 under sections 406/4
20/34 of the Indian Penal Code against the petitioner and others.
Learned counsel for the State further contended that during course of investig
ation, the matter was taken over by the CID, Crime Branch, Odisha, Cutack and after finding pr
ima facie case against the petitioner and others, charge sheet was submitted on 22.07.2002 und
er sections 420/406/34 of the Indian Penal Code and the
materials collected during investigation indicate that the petitioner as well as other Directo
rs have cheated the innocent depositors by assuring high returns on their deposits and misappr
opriated the money of innocent policy holders in furtherance of their common intention and the
refore, it is not a fit case where the inherent power under section 482 Cr.P.C. should be exer
cised to quash the criminal proceeding.
Perused the First Information Report as well as the materials available on rec
ord so also the charge sheet. It appears that after the registration of the F.I.R., during cou
rse of investigation, original documents of the companies Investwell Jeevan Jyoti Housing and
General Finance India Limited and Jeevan Jyoti Finance India Limited were seized from the offi
ce of the Registrar of Companies, Odisha, Cuttack and specimen signatures of the accused direc
tors were collected and relevant documents were also seized from different nationalized banks
at Jeypore, Bhubaneswar in which the Companies had opened accounts. All those documents along
with specimen signatures were sent for examination, comparison
and opinion to Handwriting Bureau, Rasulgarh, Bhubaneswar and it was found out the accused Dir
ectors of both the companies have cheated the depositors promising high returns and they have
misappropriated the deposits of the innocent policy holders in furtherance of their common in
tention. The investigating officer after completion of investigation has submitted charge shee
t against eleven accused persons including the petitioner under sections 420/406/34 of Indian
Penal Code. There is absolutely no material on record as to whether the deposits made by the d
epositors during the period of incumbency of the petitioner as Director has been refunded or n
ot. Nothing has been also annexed in that respect by the petitioner in her application under s
ection 482 Cr.P.C.
Considering the submissions made by the respective parities and looking at the
materials on record, I find that prima facie material regarding commission of offences under
sections 420/406/34 of Indian Penal Code is clearly made out against the petitioner. Merely be
cause at the time of lodging of the First Information Report, the petitioner is stated to have
resigned from the post as a Director of the company, she is not absolved from the commission
of the crime inasmuch as during the period when the petitioner was Director, deposits from dif
ferent depositors have been collected and there is allegation of cheating, misappropriation of
such deposits.
Accordingly, I find no merit in this application under section 482 Cr.P.C. and
therefore, the same stands dismissed.
sisir
S. K. Sahoo, J.4
2 issues framed by the court
Whether the criminal proceeding against the petitioner under sections 420/406/34 IPC should be quashed under section 482 Cr.P.C. given her resignation as Director.
Whether there is a prima facie case of cheating and misappropriation against the petitioner by examining the FIR and charge sheet.
2 provisions across 2 enactments
Smt. Geetanjali Padhy
State
S. K. Sahoo
As recorded by the court registry
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