Jharkhand High Court
Suraj Prasad @ Vikash Prasad vs The State Of Jharkhand ..... Opp. Party on 19 February, 2021
Author: Kailash Prasad Deo
Bench: Kailash Prasad Deo
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Miscellaneous Jurisdiction)
A.B.A. No. 2773 of 2020
Suraj Prasad @ Vikash Prasad ..... Petitioner
Versus
The State of Jharkhand ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing)
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For the Petitioner : Mr. Anil Kumar, Sr. Advocate Miss. Chandana Kumari, Advocate.
For the State : Mr. Rakesh Ranjan, A.P.P.
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05/Dated: 19/02/2021
Learned senior counsel for the petitioner, Mr. Anil Kumar assisted by Miss Chandana Kumari has submitted that defect no.9(ii) is formal in nature as it is a part of the First Information Report, of which certified copy has been brought on record, as such, the same may be ignored, for which I.A. No.6445/2020 has been filed.
Learned counsel for the State, Mr. Rakesh Ranjan has no objection.
Considering the same, defect no.9(ii) is ignored for the present.
Accordingly, I.A. No.6445/2020 is hereby allowed. Heard, learned senior counsel for the petitioner, Mr. Anil Kumar assisted by Miss Chandana Kumari.
Learned senior counsel for the petitioner, Mr. Anil Kumar has submitted that petitioner Suraj Prasad @ Vikash Prasad has earlier preferred A.B.A. No. 5871/ 2018, which was dismissed as withdrawn in terms of order dated 14.06.2019.
Learned senior counsel for the petitioner has submitted that Chatra Sadar P.S. Case No.165 /2018 dated 08.06.2018 registered under Sections 467,468,461,471,420,409,406,120B/ 34 of the Indian Penal Code and Section 13 of the Prevention of Corruption Act against large number of accused persons and the name of petitioner figure at Sl. No.18, Vikash Prasad @ Suraj Prasad.
Learned senior counsel for the petitioner has submitted that money has been transferred in the joint account standing in the name of his mother Sunita Devi along with petitioner Suraj Prasad @ -2- Vikash Prasad vide Account No.37145794776 at State Bank of India, Jhumra Branch(Hazaribag).
Learned senior counsel for the petitioner has submitted that from perusal of the bank statement, it appears that on 27.09.2017 a sum of Rs. 10,00,000/- has been transferred on joint account of the petitioner along with his mother, which has not been withdrawn till 25.03.2020.
Learned senior counsel for the petitioner has submitted that petitioner's father Indradeo Prasad was working as a Nazir. An FIR has been lodged by Executive Magistrate-cum-In-Charge District Welfare Officer, Chatra alleging therein that Government money has been embezzled by financial irregularities in which Mr. Ashutosh Kumar, Executive Magistrate-cum-In-Charge District Welfare Officer, Chatra has opened three accounts after the incident of firing on 02.11.2017 at SBI, Chatra, IDBI Chatra and Bank of India, Chatra and also a new cash book has been opened without informing any superior officer with regard to the incident of fire nor informed to the Police Station. Mr. Bhola Nath Laguri, District Welfare Officer, Chatra took charge from Ashutosh Kumar 2nd time, he got such information, but the said account was not closed and three cash books are kept in operation, the unauthorized withdrawal was continued and at that time 12 accounts are running in different bank in the name of District Welfare Officer, Chatra. The father of the petitioner Sri. Indradeo Prasad was working as a Nazir with Kashi Prasad Gupta as head clerk during the tenure of Mr. Ashutosh Kumar and Mr. Bhola Nath Laguri. In the FIR it is alleged that the money which has been withdrawn illegally in connivance with the accused person were transferred in the account of family members and others members of Indradeo Prasad namely wife Sunita Devi, Daughter Chanda Prasad and Tara Prasad, sons Suraj Prasad and Prithvi Prasad and other persons, apart from NGO namely PRAYAS and CENWARD. In the First Information Report, it is further alleged that the NGO was registered in the name of wife of Indradeo Prasad namely, Sunita Devi and other members of the family. It is also -3- alleged in the First Information Report that Chatra Institute of Technology, Ananya Infotech, Virat Telecom, Ashish Kumar,S/o Arjun Prasad Mehta, Rupa Devi, W/O Ashish Mehta, Mithlesh Mishra, Retired Block Welfare Officer and others persons were also involved in misappropriation of the amount to the tune of Rs.9 Crore 33 lakh have been embezzled in such manner, in which F.I.R. has been lodged against 19 named accused persons, including the petitioner at Sl No.18 along with his wife at Sl No.19 and other family members.
Learned senior counsel for the petitioner has submitted that there is no material against the petitioner, so as to show involvement of the petitioner in the alleged misappropriation of Rs.9 Crore 33 lacs.
Learned senior counsel for the petitioner has submitted that the counter affidavit has been filed by the state stating in paragraphs- 9, 10 and 15, which are quoted hereunder:-
"9. That, in reply to the averment made by the petitioner at para-4 and 5 of the anticipatory bail application, it will be pertinent to mention here that petitioner Suraj Prasad @ Vikash Prasad is son of Nazir Indradeo Prasad is whose account huge amount has been transferred from the account huge amount has been transferred from the account of Indradeo Prasad. There is direct and specific evidence has come against the present petitioner during course of investigation at Para-47,56,65,105,116 and 196 of case diary.
10. That, the reply to averment made there at para- 6 and 7 of the anticipatory bail application, it will be worthwhile to mention here that admittedly Nazir Indradeo Prasad has embezzled huge government fund in the name of NGO CENWORD and PRAYAS which is being run by his family members including this petitioner and there is direct specific evidence on record to connect present petitioner with alleged embezzlement, it will again be germane to mention here that here were no any work order given on paper for educating -4- poor students of the locality by the welfare office or any other competition officer. It has come at Para-159 of case diary that only on oral instruction of 'Nazir', who is kingpin of the, matter, petitioner was following process to embezzle government fund.
Statement made there at the end of Para-6 of the anticipatory bail application, it has been stated that 'petitioner is languishing is jail custody' in vague one, as because present petition has been field under Section 438 and 440 of Cr.P.C.
15. That, in reply to para-15 and 16 of the anticipatory bail application, it is stated and submitted that same is to be considered by Hon'ble court hence doesn't need reply on behalf of answering respondent. However, it will be worth submitting here that during course of investigation at enclosure page-11, there is transfer of Rs.10,00,000/- (Rupees ten lakhs) from account of petitioner to the account of son Nazir Indradeo Prasad namely Suraj Prasad, who is kingpin of entire embezzlement. Again at Enclosure -R, it has come that a sum of Rs.7,50,000/- (Rupees Seven lacs fifty thousand) was transferred to the account of Prithvi Prasad who happens to be the son of Nazir Indradeo Prasad, brother of the present petitioner.
Sequence of transfer of money as aforesaid in the account of petitioner and from the account of petitioner clearly reveals that petitioner has committed alleged offence deliberately and knowingly, hence he doesn't deserve any kind of sympathy by this Hon'ble court."
The same has been replied by the petitioner in paragraphs-6 and 7 of the reply dated 08.02.2021, which are profitably quoted hereunder:-
"6. That, with regard to the statement made in paragraph-9 to the counter affidavit, under reply, it is stated and submitted that the same is incorrect and denied. Paragraph of the case -5- diary, which has been mentioned in this paragraph has got no concern with the petitioner. Paragraph 47 of the case diary deals with the verification of the name of the accused and their address. Paragraph 56 of the case diary speaks about the Investigation Officer proceeded from Bank of India, Chatra. Paragraph 65 deals with the institution of the FIR and pendency of the investigation. Similarly paragraph 105 of the case diary deals with the fact that the I.O. Intends to cross-examine the accused persons again. Paragraph 116 deals with the detail of money misappropriated by NGOs and other accused persons, where there is no whisper about the name of the petitioner. Similarly, Paragraph 196l of the case diary deals with the dates of money which is being said to the transferred to the different persons and NGOs but the name of the petitioner does not find therein.
In view of he aforesaid facts, the statement made in this paragraph of he counter affidavit is incorrect and denied.
7. That with regard to the statement made in paragraph 10 to the counter affidavit, under reply, it is stated and submitted that the same is incorrect and denied. NGO "CENWARD" was being run by Sidharth Kuamr, Sunita Devi, Laxmi Kumar, Manoj Kr. Sao, Rahul Prasad, Nirmal Pd. Mehta, Vikash, Tulsi Prasad, Tala Bela Hembrom, Vilash Ram, Bhati Birhorin and Sangeeta Devi, which will appear from para 116 of the case diary. Similarly the NGO "PRAYAS" was being run by Murli Shyam Divedi, Abhay Kumar, Sujanti Devi, and A.B.B. Sahay and as such, the statement made herein that the said NGOs was being run by the petitioner is absolutely incorrect and denied.
So far as statement, made by Md. Sahabuddin, who used to run the Chatra Institute of Technology, Chatra, as recorded in paragraph 159 of the case diary is concerned, there is nothing against this petitioner neither any whisper has been made by Md. Sahabuddin that any amount has been -6- given to this petitioner with respect to the alleged illegality and as such, the statement made therein is incorrect and denied.
That it is further stated that in paragraph 6 of the Anticipatory Bail Application, the petitioner has mentioned about the fact that Indradeo Prasad, the father of the petitioner, was languishing in jail custody, however, he has been released on bail. It has never been mentioned that the petitioner was languishing in jail custody."
Learned senior counsel for the petitioner has submitted that no active role has been played by this petitioner, who has no knowledge about such transfer of money in the joint account standing in the name of the petitioner along with the mother.
This Court has asked a question to the learned senior counsel for the petitioner that whether petitioner is residing in Chatra or out of Chatra and what is his business or employment, upon which learned senior counsel has replied that petitioner is posted as Information Technical Officer, Ministry of Road Transport, Government of India at Ranchi and as such, he was not knowing such transfer made in the joint account of this petitioner along with his mother.
Learned senior counsel for the petitioner has further replied that since the account was standing jointly in the name of his mother and the petitioner, as such, petitioner being a major, has part liability not full liability to explain that why the information was not given to the bank regarding the excess transfer of money in his account.
Learned senior counsel for the petitioner has submitted that since the petitioner is not knowing this facts, as such, he could not explain the same.
Learned senior counsel for the petitioner has submitted that the mobile number of his mother has been given in the account, as such, he has no such information.
Learned counsel for the State is directed to file detail supplementary counter affidavit, with regard to the reply filled by -7- the petitioner, by the Superintendent of Police, Chatra and also explain that if a Government servant is working and his anticipatory application has been rejected earlier by this Court on 14.06.2019, what action has been taken by the Superintendent of Police, Chatra to conclude the investigation. The accused is withdrawing his salary too during these period.
Let the order be communicated to the D.G.P, Government of Jharkhand, Ranchi as a Government servant is accused and no action has been taken by the police to conclude the investigation in a case of embezzlement of Rs.9 Crore 33 lacs.
Put up this case on 25.02.2021.
Let the order be communicated through 'FAX' to the D.G.P, Government of Jharkhand, Ranchi.
The D.G.P, Government of Jharkhand, Ranchi is also directed to look into the matter that even though the case is under the Prevention of Corruption Act, but it was investigated by local police of Chatra and the case is still pending before the Court of learned Chief Judicial Magistrate, Chatra and not before the designated court for Prevention of Corruption Act, 1988.
(Kailash Prasad Deo, J.) Jay/