JUDGMENT : Anil Kumar Choudhary, J. 1. Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S., 2023 with the prayer to quash the entire criminal proceeding including the order taking cognizance dated 16.12.2022, passed by the learned Judicial Magistrate -1st Class, Palamau in connection with Patan P.S. Case No. 24 of 2010 corresponding to G.R. Case No. 426 of 2010 whereby the learned Judicial Magistrate -1st Class, Palamau has taken cognizance inter-alia against the petitioner for the offences punishable under Section 409, 420, 466, 467, 468, 120B of the Indian Penal Code. Further, prayer has been made to quash and set aside the order dated 29.10.2025, passed in Misc. Criminal Application No. 5264 of 2025 in connection with Patan P.S. Case No. 24 of 2010 corresponding to G.R. Case No. 426 of 2010, whereby and where under the learned Chief Judicial Magistrate, Palamau has rejected the discharge petition of the petitioner and framed charges inter-alai against the petitioner for having committed the offences punishable under Section 409, 420, 466, 467, 468, 120B of the Indian Penal Code. 3. The allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused persons while being posted as District Superintendent of Education, Palamau cheated the government by withdrawing the amount of allotment of Mid-Day Meal and School Building Construction Project in respect of the Integrated Middle School Rupidih, P.S. Patan, District –Palamau. There is further allegation against the petitioner that the petitioner in furtherance of common intention with the co-accused persons being entrusted with or having dominion over the property namely the said Government amounts of allotment of the Mid-day Meals Scheme and School Building Construction Project of the said school, in the capacity of being a public servant, converted the same to his own use. There is further allegation against the petitioner that the petitioner in furtherance of common intention with the co-accused persons forged the statement and bills to support certain claims of allotment of the Mid-day Meal Scheme and School Building Construction Project. There is further allegation against the petitioner that the petitioner in furtherance of common intention with the co-accused persons forged the statement and bills to support certain claims of allotment of the Mid-day Meal Scheme and School Building Construction Project. There is further allegation against the petitioner that the petitioner in furtherance of common intention with the co-accused persons forged statements and bills to support a certain claim of allotment of Mid-day Meal Scheme and School Building Construction Project which purported to be a valuable security for the purpose of cheating. 4. The brief fact of the case is that a private person claiming to be the social worker filed Complaint Case No. 57 of 2010 in the court of Chief Judicial Magistrate, Palamau which upon being referred to police under Section 156(3) of the Cr.P.C., Patan P.S. Case No. 24 of 2010 was registered and police took up investigation of the case. After completion of the investigation, police submitted charge sheet inter-alia against the petitioner for having committed the offences punishable under Section 409/420/466/467/468/120B of the Indian Penal Code. Basing upon the same, the learned Chief Judicial Magistrate took cognizance of the said offences, in respect of which charge sheet has been submitted. Thereafter, the petitioner filed petition for discharge which was rejected by the learned Chief Judicial Magistrate, Palamau vide order dated 29.10.2025 in the said Misc. Criminal Application No. 5264 of 2025 corresponding to G.R. Case No. 426 of 2010 and on the same day framed charges against the petitioner as already indicated above. 5. It is submitted by the learned senior counsel for the petitioner drawing attention of this Court to the unimpeachable document being the letter of the State Project Director of Jharkhand Education Project Council, Ranchi addressed to all the District Project Officers under the Sarv Shiksha Aviyan, Jharkhand, the copy of which is kept at annexure-5 at page no. 59-60 of the brief wherein it has been mentioned at serial no.8 at page no. 59 that the responsibility in respect of the withdrawal of the money for building construction work will be of the Head Master-cum- Secretary of the managing committee of the concerned school and in case of misuse or wrong withdrawal of said money, the Head Master will be responsible and the Block Education Extension Officer and Block Programme Officer shall be responsible for the supervision of the construction work. It is next submitted that the same is an unimpeachable document being that of the Jharkhand Education Project Council and the undisputed fact remains that the petitioner was never the Headmaster or the Block Education Extension Officer in respect of the concerned schools in the name and style of Integrated Middle School Khajuri Tola, Bahera Tanr and the Integrated Middle School, Rupidih, P.S. Patan, District – Palamau nor he was ever the Block Education Extension Officer of Patan Block or Block Programme Officer of Patan Block nor he was ever in charge of any of those posts. Hence the petitioner cannot be held liable for the misappropriation, if any, in respect of the money withdrawn in respect of construction of the building of the said schools. 6. The learned senior counsel for the petitioner next drawing attention of this Court to another unimpeachable document being the letter issued by the Director, Primary Education, Government of Jharkhand relating to allotment of funds of the financial year 2008-09 Mid-day Meal Scheme during which financial year the alleged occurrence took place, wherein it has been mentioned at serial no.9 that the drawing and disbursing officer of the funds of the said Mid-day Meals Scheme will be the Deputy Commissioner of the concerned district and the funds will be released at a time for three months and before release of the funds for the next three months, the utilization certificate for the previous three quarters was to be obtained and in serial no.10, it has been mentioned that the Deputy Commissioner, for implementation of the Mid-day Meal Scheme, has to get a bank account opened of the Saraswati Vahani of the School concerned and in that bank account, the funds will be transferred and for that separate books of accounts is to be maintained. It is next submitted that under such circumstances, in respect of the Mid-day Meal Scheme also, there was no involvement of the petitioner nor there was any scope for the petitioner for misappropriation or creating any false document in respect of the Mid-day Meal or the construction of the buildings of the schools concerned. Hence, it is submitted that even if the entire allegations made against the petitioner are considered to be true in their entirety, still no offence is made out. Therefore, continuation of this criminal proceeding against the petitioner will amount to abuse of process of law. Hence, it is submitted that even if the entire allegations made against the petitioner are considered to be true in their entirety, still no offence is made out. Therefore, continuation of this criminal proceeding against the petitioner will amount to abuse of process of law. Hence, it is submitted that the prayer as prayed for by the petitioner in this criminal miscellaneous petition be allowed. 7. The learned Special Public Prosecutor appearing for the State fairly submits that the annexure – 5 & 6 are unimpeachable documents and in fact those are the documents which has been issued by the concerned authorities as contended by the petitioner. The learned Special Public Prosecutor appearing for the State further do not dispute that the petitioner was posted as the District Superintended of Education of Palamau and he was never the Headmaster of either of the two schools or any way associated with the office of Block Education Extension Officer or Block Programme Officer of Patan Block. 8. Having heard the submissions made at the Bar and after going through the materials available in the record, in view of the unimpeachable documents being the said annexure -5 & 6, this Court is of the considered view that the petitioner being posted in the district of Palamau only in capacity of District Superintendent of Education and the admitted case that he was never the Headmaster of the Integrated Middle School Khajuri Tola, Bahera Tanr or the Integrated Middle School, Rupidih, P.S. Patan, District –Palamau nor he was anyway associated with the office of Block Education Extension Officer or Block Programme Officer of the Patan Block, certainly the petitioner was no way concerned with in any fund of the building construction of the said two schools or the Mid-day Meals distributed at the said two schools and in view of that there was no scope for the petitioner to create any false documents in respect of the said schemes or misappropriation of the funds as alleged. 9. Under such circumstances, this Court is of the considered view that even if the entire allegations made against the petitioner are considered to be true in their entirety, still none of the offences in respect of which charge has been framed against the petitioner is made out against the petitioner. 9. Under such circumstances, this Court is of the considered view that even if the entire allegations made against the petitioner are considered to be true in their entirety, still none of the offences in respect of which charge has been framed against the petitioner is made out against the petitioner. Therefore, continuation of this criminal proceeding against the petitioner will amount to abuse of process of law and this is a fit case where the entire criminal proceeding including the order taking cognizance dated 16.12.2022, passed by the learned Judicial Magistrate -1st Class, Palamau in connection with Patan P.S. Case No. 24 of 2010 corresponding to G.R. Case No. 426 of 2010 and the order dated 29.10.2025, passed in Misc. Criminal Application No. 5264 of 2025 in connection with the said Patan P.S. Case No. 24 of 2010 corresponding to G.R. Case No. 426 of 2010, whereby and where under the learned Chief Judicial Magistrate, Palamau has rejected the discharge petition of the petitioner, be quashed and set aside qua the petitioner. 10. Accordingly, the entire criminal proceeding including the order taking cognizance dated 16.12.2022, passed by the learned Judicial Magistrate -1st Class, Palamau in connection with Patan P.S. Case No. 24 of 2010 corresponding to G.R. Case No. 426 of 2010 and the order dated 29.10.2025, passed in Misc. Criminal Application No. 5264 of 2025 in connection with the said Patan P.S. Case No. 24 of 2010 corresponding to G.R. Case No. 426 of 2010, whereby and where under the learned Chief Judicial Magistrate, Palamau has rejected the discharge petition of the petitioner, is quashed and set aside qua the petitioner. 11. In the result, this criminal miscellaneous petition is allowed. 12. In view of disposal of this criminal miscellaneous petition, pending interlocutory application, if any, is also disposed of being infructuous.