Suman vs State Of Uttarakhand And Others

Sharad Kumar Sharma, J

The present criminal writ petition has been filed by the petitioner, who is said to have been allegedly involved in the commission of offence, as registered against the Institution by way of an FIR No. 709/2019 for the offence committed under Sections 420, 467, 468, 471 and 409 IPC, registered at P.S. Laksar, District Haridwar.

As per the petitioner's claim herself, she has contended that in the Institution in question, she has been appointed as Secretary of the Society, which is managing the affairs of the Institution in question against whom the offences has been levelled with regards to usurpation of the scholarship which has been given to the SC/ST students by the State under the Social Welfare Scheme, floated by the State Government. The Institution in question i.e. Swami Vevekanand Educational Society, Laksar, District Haridwar, of which the petitioner was the signing authority in relation to the financial and managerial dealing with the affairs of the Institution, it has been observed that the petitioner, who was working in the capacity of Secretary, and who has in the helm of affairs, has attempted to deny the set of allegation as levelled in the FIR with regards to usurpation of the scholarship of as many as about 198 students and the total amount thus quantified to have been misutilised by the Institution, as shown in the FIR is to the tune of Rs. 47,59,200/-. Even if the contents of the FIR, itself is taken into consideration, the foundation of initiation of the proceedings has been on the basis of SIT report, and consequential GO No. 1370/XX3 dated 17.04.2018, which has been submitted as against the Institutions which is said to be induldged in misusing the scholarship, which was otherwise to be extended to the students by depositing the same directly into the accounts of the students. Since there was a wide racket prevailing in the State amongst the private institutions in the State, particularly, those situated in District Haridwar and Dehradun, an SIT was constituted for District Haridwar, as well as for District Dehradun and the SIT has submitted its report to the State Government and as a consequence thereto, the Chief Secretary (Home), State of Uttarakhand had issued a communication by letter No. 1370/XX-3-2018-07/(109)2017 dated 17.04.2018, wherein it was observed that in pursuance to the SIT report, the cognizance of the offence which has been taken by the State Government, the Institution of the petitioner is also shown to be indulged in the usurpation of money for the financial year 2012-13 for the amount referred above.

Prior to the institution of the proceedings by way of an FIR No. 709 dated 21.10.2019, which is impugned in the present writ petition, the SIT prior to registering the FIR had interrogated as many as 12 students, who were shown have been extended the benefit of the scholarship under the Scheme of the State and on being interrogated by the Investigating Officers, they have denied to be the students of the Institution and as a consequence thereto, the very disbursement of scholarship shown to have been made to them i.e. the students becomes doubtful at the behest of the petitioner or the petitioner's Institution, or its office bearers of the management, particularly, when the actual beneficiaries had themselves denied its receipt.

Since there are series of litigations coming before this Court in relation to an identical nature of FIR, which has been registered against the various Institutions on the basis of Government Order issued by the State Government on 17.04.2018, and that itself prima facie reflects that the set of allegation against the Institution seems to be prima facie establishes their involvement in commission of offence in view of the stastics, which has been provided in relation to the various financial years. It's a very alarming factor that as to how the private institutions in the State which are supposed to be benefited under the Social Welfare Scheme to be actuall disbursed the students are misutilising the money by depositing it in their account which was otherwise required to be deposited to the accounts of the students who are the actual beneficiaries of the said scheme.

Looking to the gravity of offence and the seriousness, which is attached to it, it has got wide social consequences, hence, this Court is not inclined to interfere in the writ petition (criminal), consequently, the writ petition is dismissed. However, in case, if the petitioner applies for regular bail before the competent Court, the same would be considered expeditiously.