JANMAJAY SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and the learned A.G.A.

(2.) This application has been filed for quashing of the charge sheet dated 30.06.2012 as well as summoning order dated 19.07.2012 passed by Additional Chief Judicial Magistrate, Court No. 32, Lucknow in Case No. 397 of 2017 (old No. 1063 of 2012) arising out of Case Crime No. 271 of 2004 (State of U.P. Vs. Subodh Kumar Agarwal and Ors., under Sections 416, 419, 420, 467, 468, 471, 120B I.P.C., P.S. Chowk, District Lucknow.

(3.) Facts of the case, as pleaded in the application, are that the applicant, who was the student of High School in Agrasen Inter College, Lucknow, appeared in the High School examination in 1999 and was declared as failed. Thereafter, applicant applied for scrutiny/rechecking of his marks in the U.P. Board of High School and Intermediate Education (hereinafter referred to as the ''Board'), in pursuance to which, he received a letter through Regional office of the Board informing him that due to some error in the computer, his result was affected and he was clear in the said examination. He was also asked to collect his fresh mark sheet from the concerned college. Thereafter, the applicant met to the Principal of the aforesaid college, who too had confirmed that his office also received a communication from the Board in this regard vide letter No. 03/527 dated 17th August, 1999 and the amended mark sheet was given to the applicant on 10th September, 1999 declaring him to be passed in the High School Examination, 1999. After passing the Intermediate examination in the year 2002, the applicant was selected for B.D.S. course at the Manipal University, Banglore, where he was required to be present along with the original High School Certificate amongst other educational documents. Applicant approached to the office of Agrasen Inter College, Lucknow where he was informed that his Pass Certificate was not yet received from the office of the Board concerned, on which, the applicant again went to the Regional office of the Board at Allahabad, where the concerned officer informed that he had remained failed in his High School examination and his amended mark sheet iss forged. Thereafter, applicant filed Writ Petition No. 813 (M/S) of 2004 before this Court, wherein a direction was issued to the Vigilance Department to conduct an inquiry in the matter and submit a report. After inquiry, it was found that the letter received to the applicant was forged and on the basis of aforesaid forged letter, the amended mark sheet was issued to the applicant on 10th September, 1999. Thereafter, F.I.R. as Case Crime No. 271 of 2004, under Sections 416, 420, 467, 468, 471, 120B I.P.C., P.S. Chowk, District Lucknow was registered on 22nd September, 2004, in which, after investigation, impugned charge sheet dated 30.06.2012 was filed by the Investigating Officer with the observation that the letter dated 17th August, 1999 was forged. Vide impugned order dated 19.07.2012, the court below issued summons to the applicant. Hence, this application.