Page No.# 1/6 GAHC010255652018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1190/2018 DINESH KUMAR SHARMA 1067-A, NARELA DELHI- 110040. 2: INDIAN CRICKET AND OLYMPIC SPORTS FOUNDATION REP. BY DINESH KUMAR SHARMA 405 KUNDAN BHAWNA AZADPUR DELHI-110033 VERSUS JUGAL KR. SAIKIA AND ANR. FLAT NO. 103, 1ST FLOOR, BLOCK- 1, AADHAR APARTMENT HATIGARH CHARIALI, P.S. GEETANAGAR, GUWAHATI, KAMRUP (M), ASSAM. 2:THE STATE OF ASSAM REP. BY THE PUBLIC PROSECUTO Advocate for the Petitioner : MR. M CHOUDHURY, MR. K CHOUDHURY,MR. S P SHARMA Advocate for the Respondent : PP, ASSAM, MR. R BORAH (R1),MR. R PHUKAN (R1),MR. P TALUKDAR (R1) BEFORE HON’BLE MR. JUSTICE KAUSHIK GOSWAMI 06.03.2025 Page No.# 2/6 Heard Mr. M. Choudhury, learned counsel for the petitioner. Also heard Mr. S.H. Bora, learned Addl. Public Prosecutor for the State. 2. None appears for the private respondent No. 1. 3. Pertinent that on the last occasion i.e. 27.02.2023, when the matter was listed, there was also no representation for the private respondent No. 1 and this Court, therefore directed that if none appears for the private respondent No. 1 on the next date, the petition shall be heard on merit. 4. Today, when called, there is also no representation on behalf of the private respondent No. 1. Therefore, this Court is taking up the petition for final disposal. 5. By way of this petition under Section 482 of CrPC, 1973, the petitioner is seeking quashing of the Complaint Case No. 1597/2018 registered under Section 406 and 420 of IPC filed in the Court of Chief Judicial Magistrate, Kamrup (M) and pending before the Special Judicial Magistrate. 6. The facts of the case is that the petitioner who is a Sport Organization registered under the Societies Registration Act has published an advertisement in the Assam Tribune, an English Daily whereby applications were invited from the willing candidates to be appointed as Sports Trainer in the Indian Cricket and Olympic Sports Foundation, Delhi. 7. It is the specific case of the complainant that pursuant to the aforesaid advertisement, the complainant, who is a sport organizer contacted the petitioner and thereafter informed interested candidates to send application for the said post of Sport Trainer. 8. It is the specific case of the complainant that pursuant to the selection of the selected candidate, the terms and conditions set out in the appointment letters were found to be strenuous by the candidates for which they were unwilling to accept the appointment and accordingly represented before the petitioner. However, the Page No.# 3/6 petitioner did not make any changes. Accordingly, the complainant filed a complaint before the Court of Chief Judicial Magistrate, Kamrup (M), Guwahati being Complaint Case No. 1597/2018. 9. Thereafter, the learned CJM by Order dated 26.04.2018 issued summons to the petitioner. Situated thus, the present criminal petition has been filed for quashing the said complaint. 10. Mr. M. Choudhury, learned counsel for the petitioner submits that no criminal case whatsoever is made out on the body of the complaint even if the averment made in the complaint is taken at its face value to be true. He further submits that the dispute is purely of civil in nature and therefore, continuance of criminal prosecution is unjustified. 11. Ms. S.H. Bora, learned Addl. Public Prosecutor in her usual fairness similarly submits that the allegations even if taken to be true at its face value does not constitute any criminal offence whatsoever. 12. I have heard the submissions advanced by the learned counsels for the parties and I have perused the materials available on record. 13. Apt to refer to the relevant paragraphs No. 3, 4, 5 , 6, 7, 8 of the complaint, which is reproduced hereunder for ready reference:- “3. That it is stated that one veer ego a news item was published in the "The Assam Tribune" an English Daily. The topic of the news item was "application was invited from the willing candidates to be appointed as sports trainer in the Indian Cricket and Olympic Sports Foundation, Delhi". As per the advertisement, after successful completion of five months training an amount of Rupees Twenty Five Thousand will be paid a monthly remuneration. It was further mentioned that during training period free books will be provided along with an amount of Rupees One Thousand as stipend, Along with application form a candidate has to deposit an amount of Rupees Twelve Thousand Five Hundred as non-refundable registration fees. It was further clarified in the news that the registration fee amount of Rs. 12,500/- (Rupees Twelve Thousand Five Hundred only) would not be refunded to the candidate in any circumstances. Page No.# 4/6 A copy of the news item is annexed herewith and marked as ANNEXURE- 1. 4. That it is stated that being a sports organizer the complainant was also interested in the news item and contacted with the accused organization. Accordingly the accused organization informed him to appoint as Organizer with a monthly remuneration of Rs. 35,000/- (Rupees Thirty Five Thousand only). After being fully satisfied with his personal information, the accused organization informed other candidates to send application after taking approval from the complainant. On being informed so many candidates across the state started approaching the complainant with their application form. On being good faith the complainant started engaged with the activities of the accused organization. It is pertinent to mention herein that the candidates approached the complainant voluntarily and there was no influence whatsoever from the complainant. 5. That it is stated that to discuss the issues and for other procedures for application to the accused organization a meeting was convened in the office of the Nehru Stadium. In the meeting, prominent sports persons were present and the/ candidates were informed about the terms and conditions mentioned the application from and further instructed not to fall prey to any middle person. 6. That it is stated that the president of the Delhi Office of the accused organization came to Assam and discussed with the sports fraternity of Assam. Thereafter some representative of sport fraternity of Assam and selected candidate went to Delhi and discussed with the officials of the Delhi office of the accused organization. 7. That it is stated that after the application form with the deposited registration fees amount of Rupees Twelve Thousand Five Hundred, the candidates were given the appointment letter. The candidates were in utter shock and surprise while receiving the appointment letter as the terms and conditions as mentioned in the appointment letter are not easy to be fulfilled. The terms and conditions being the herculean task are made to deprive the candidates. It seems the accused organization with a view to defraud the candidates made the terms and conditions so tough. It is true that before applying for the post the candidates offered their candidature after being conversant with the application form and signing the declaration form. A copy of the appointment letter is annexed herewith and marked as ANNEXURE-2. Page No.# 5/6 8. That it is stated that after receiving the appointment letter the candidates started complaining about the terms and conditions of the accused organization. The candidates showed their inability to perform the terms and conditions being the herculean task. Even after, the trainee, employees and the organizer whole heartedly started their study even practical training coaching camp too at own with the hope that they will be finally be accepted accordingly, but nothing to rewarded. On the other hand, the accused organization refused to pay anything as according to them the candidates failed to fulfill the terms and conditions as mentioned in the appointment letter. The candidates started forcing the complainant to pay the deposited registration to which the complainant has nothing to do with.” 14. Perusal of the aforesaid averments in the complaint, it is apparent that the candidates selected for the appointment in question were unwilling to accept the offer of appointment in view of the fact that the terms and conditions set out in the appointment letters were stringent and not easy to be fulfilled. 15. By no stretch of imagination the setting up of stringent terms and conditions for the appointment to the subject post advertised could give rise to a criminal prosecution. 16. There is no criminality whatsoever involved even if the allegations made in the complaint is taken at its face value to be true. Therefore, continuance of the criminal proceeding is unjustified. 17. Accordingly, in the interest of justice, the impugned Order dated 26.04.2018 passed by the Special Judicial Magistrate, Kamrup in Complaint Case No. 1597/2018 and proceeding of the Complaint Case No. 1597/2018 against the petitioner under Section 406/420 of IPC filed before the Chief Judicial Magistrate, Kamrup (M), Guwahati on 22.02.2018 are hereby set aside and quashed. 18. The Criminal Petition stands disposed of. JUDGE Page No.# 6/6 Comparing Assistant