Tripura High Court
Smt. Dipali Debbarma vs The State Of Tripura on 12 September, 2022
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
A.B.40 of 2022
Smt. Dipali Debbarma
..........Appellant(s)
Versus
The State of Tripura
..........Respondent(s)
For Appellant(s) : Mr. Somik Deb, Sr. Adv.
Mr. S. Majumder, Adv.
For Respondent(s) : Mr. R. Datta, P.P.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
Order
12/09/2022
Heard Mr. Somik Deb, learned senior counsel appearing for the appellant as well as Mr. R. Datta, learned P.P. appearing for the State.
2. This is an application under Section 438 of the Cr.P.C. for grant of pre-arrest bail in favour of the petitioner in the event of her arrest in connection with Kailashahar P.S. Case No.2021KLS0110 registered on 06.10.2021 under Sections 406 and 420 of the IPC.
3. The brief fact of the case is that for implementation of VDVK Scheme like purchasing of training kits and conducting of training to members of the concerned VDVK, vide sanction Memos bearing reference Nos. F.1- 6(77)DWO/U/Van-Dhan/2019-20/230 & F.1-6(77)DWO/U/Van-Dhan/2019- 20/31 dated 18.08.2020, an amount of Rs.30,25,000/- only was sanctioned in the name of Khumipui Burui Bodol (NGO), run by the appellant herein. Page 2 of 6
4. Subsequently, for conducting the enquiry against the said NGO, the Director, Tribal Welfare Department, Government of Tripura issued a letter. Accordingly, an enquiry was conducted by the District Magistrate & Collector, Unakoti District, and thereafter, submitted a report to the Director, Tribal Welfare Department, Government of Tripura. In the enquiry report of the District Magistrate & Collector, Unakoti District allegations were made that the intention of the accused person is dubious, and suggestive of misappropriation of Government money, without proper implementation of Government Welfare Scheme for the common people.
5. It was further alleged that the accused has committed trick with innocent people by not keeping close contact with the members of VDVKS, and further that the training kits are not provided to the VDVKS properly and quality training were not imparted to the members of the VDVKS.
6. It is pertinent to mention here that all through the accused person had submitted the Progress Reports, Business Plan of VDKK & Utilization Certificates from time to time to the Director, Directorate of Tribal Welfare, Government of Tripura having his office at Gurkhabasti, Agartala, Tripura which were duly received by the said offices with seal and signature.
7. Based on the Enquiry report of the District Magistrate & Collector, Unakoti District for lodging an FIR against Khumpui Burui Bodol (NGO) run by the appellant and for taking legal action against her the Director, Tribal Welfare Department, Government of Tripura had issued a letter bearing Page 3 of 6 reference No.F.29(2)/TW/MFPO-VDVK/Enquiry/2021/10,818-822 dated 20.07.2021 to the DM & Collector, Unakoti Tripura.
8. Subsequently, for lodging the FIR against the said NGO run by the appellant for misappropriation of Government fund amounting to Rs.30,25,000/- the District Magistrate & Collector, Kailashahar issued a letter bearing reference No.F.1-6(77)/DWO/U/Van-Dhan/11/2020-21/556-58 dated 26.07.2021 to the Officer-in-Charge, Kailashahar P.S. and accordingly, an FIR was registered under Section 406 & 420 of the IPC against the accused person on 06.210.2021.
9. In exercise of the powers conferred under Section 41(A)(1) of the Cr.P.C. the accused petitioner was directed to appear before the Investigating Officer and in accordance with such direction, the appellant herself appeared before the Investigating Officer from time to time.
10. It is pertinent to mention here that an application under Section 438 of the Cr.P.C. was filed before the Sessions Judge, Kailashahar Judicial District being Criminal Misc.24(2) of 2022 and the same was rejected on 16.06.2022.
11. From a bare perusal of the Utilization Certificate it reveals that the chartered accountant has rightfully issued an Utilization Certificate of Rs.21,87,153.00/- as the remaining amount of Rs.8,56,719.00/- was frozen vide letter No.15-172/TW/SP/PMVDVKY/MFPO/2019-20(L)/38049 dated Page 4 of 6 24.03.2021 issued by the Director, Tribal Welfare Department, Government of Tripura to the Regional Manager, State Bank of India, therein specifically making a request to freeze the account of Khumpui Burui Bodol, holding an account at State Bank of India, College of Agriculture, Lembucherra Branch. Thus, the petitioner has urged before this court to be released on bail in the event of her arrest in connection with Kailashahar P.S. Case No.2021KLS0110 registered on 06.10.2021 under Sections 406 & 420 of the IPC.
12. Mr. Somik Deb, learned senior counsel appearing for the appellant has referred to Section 409, 415 & 420 of the IPC which reads as follows :
"409. Criminal breach of trust by public servant, or by banker, merchant or agent.--Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
415. Cheating.--Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat"
420. Cheating and dishonestly inducing delivery of property.--Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine." He has referred to Section 405 of the IPC which reads as follows :
"405. Criminal breach of trust.--Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law Page 5 of 6 prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits "criminal breach of trust".
13. Mr. R. Datta, learned P.P. appearing for the State has submitted that the present appellant is involved in three cases in similar type and two others cases is charge-sheeted. She was arrested and subsequently after suffering she has been released and overall she is defalcated Rs. one crore five lakhs of money. In order to support his contention he has placed a brief synopsis regarding the crime from Kailashahar P.S. where the following cases upon which she is found guilt and the details are given regarding her crime and their investigation report.
14. After hearing the parties this court finds it appropriate to prefer the appellant's case under Section 41A of the Cr.P.C. Section 41A of the Cr.P.C. reads as under :
"41A. Notice of appearance before police officer.-- (1) 2[The police officer shall], in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.
(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.
(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.
(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice."
In terms of the above, this application stands disposed of directing the SHO P.S. Kailashahar to issue notice under Section 41A of Cr.P.C. Page 6 of 6
to the petitioner and investigate into the matter and in any event if the investigating officer comes to a conclusion that the accused/petitioner herein has committed a cognizable offence, he is at liberty to proceed in accordance with law against the accused petitioner.
Anticipatory bail petition is accordingly ordered.
JUDGE Sabyasachi B