BIMAL KISHORE Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) For the reasons stated, misc. appln. No.3559/2010 is allowed. Counter affidavit accompanying with the application on behalf of the CBI is taken on record. Also hear on merits of the petition.

(2.) This petition, moved u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the charge sheet dated 19.5.2010 and entire proceedings of Case No.7 of 2010, CBI Vs. Bimal Kishore U/s 420/468/471 IPC, pending before the Special J.M. (CBI) Dehradun and further to set aside the cognizance and summoning order dated 19.5.2010 passed by the court below.

(3.) Heard learned counsel for the parties and perused the material on record. In brief, the facts of the case are that a case was registered by CBI Dehradun Branch on 8.12.2009 u/s 420/467/468/471 IPC against the petitioner Bimal Kishore, Senior Manager, Vishnugad Pipalkati Project, THDC, Uttarakhand, on the basis of a reliable source information that he is dishonestly and fraudulently obtained employment in THDC on the basis of a forged certificate of Higher Secondary Examination issued by Bihar Vidyalaya Pariksha Samiti, Patna which showed his date of birth as 02/01/1959 instead of 02/01/1954. On the basis of false declaration of date of birth and the forged Higher Secondary Examination Certificate, the petitioner Bimal Kishore secured employment in Tehri Hydro Development Corporation, Uttarakhand. The matter was investigated and charge sheet was submitted against the petitioner. On the basis of the said charge sheet, learned Special J.M. (CBI) Dehradun vide order dated 19.5.2010 took cognizance and summoned the petitioner under Sections 420/468/471 IPC. Hence this petition.