ALGOO RAM Vs. STATE OF U P

JUDGEMENT

(1.) The applicants have approached this Court invoking the inherent power of this Court under 482 Cr.P.C. for quashing the proceedings of Criminal Case No. 472 of 2000, State v. Algoo Ram and others, under Sections 420, 468, 471 and 467 I.P.C., police station Shahganj, district Agra pending in the Court of Additional Chief Judicial Magistrate, Agra.

(2.) The prosecution case in nutshell is that the applicants have obtained admission for the training of Lekhpal in Lekhpal Prashikshan Vidyalaya, Agra by procuring forged experience certificate in connivance with the then Deputy Land Management Commissioner Sri Indra Mani and Tulsi Das Gupta, Principal of Lekhpal Training Centre at Agra who was also earlier working as Assistant Land Management Officer during the period 15.1.1985 to 20.9.1989 on the basis of the confidential enquiry of Secretary of Board of Revenue, Section-IV, Lucknow by Confidential Letter No. 2168/5/75/80 dated 19.2.1990 it was found that all the letters were forged regarding grant of permission to get admission in the training college and the then principal Tulsi Das Gupta and the Deputy Commissioner Land Management Committee had given admission in the training college without verifying the documents from the issuing authority with regard to its genuineness thus all 196 Lekhpals were involved in committing forgery and cheating by obtaining admission in the college. The said report was lodged on 27.7.1990 by Ram Ji Lal, Assistant Land Record Officer, Agra (hereinafter referred to as respondent No. 2) and the first information report was registered as Case Crime No. 327 of 1990, under Sections 420, 468, 471 and 467 I.P.C., police station Shahganj, district Agra. After investigation the charge-sheet was submitted on 30.3.2000 and the Court below had also taken cognizance against the applicants and other accused persons.

(3.) It is argued by the learned counsel for the applicants that there was a government scheme for giving employment to unemployed and untrained Lekhpals after giving training. During the period 13.9.1976 to 1.6.1983 the applicants had duly worked on the post of Lekhpal and who were who eligible to get training for the post of Lekhpal on the basis of letter No. 11021/4-75/80 dated 15.1.1986 circulated by Secretary, Board of Revenue, U.P., Anubhag-4, Lucknow. In pursuance of the aforesaid government order the District Magistrate of the districts were directed for sending the untrained Lekhpal for regular training. Since the applicants had completed one year of service as untrained Lekhpal they had also moved an application alongwith their experience certificate for getting regular training of Lekhpal. At the time of submission of application the experience certificate was duly verified by the authorities and thereafter their names referred for getting regular training in the training college at Agra. The Deputy Land Management Commissioner on behalf of the State had issued letters for the training as regular candidates of Lekhpal for a period of one year and after training of one year when the applicants were directed to appear in the examination in the year 1990 their names were struck off from the list. The applicants aggrieved by the order approached this Court by filing a writ petition before the Division Bench of this Court and were permitted to appear in the examination provisionally subject to the final order. The applicants in pursuance to the said order dated 16.7.1990 were permitted to appear in the examination but their results were withheld. The Division Bench of this Court had also directed to conclude the enquiry within a period of three months in respect of the charges levelled against the applicants but no enquiry was done within the stipulated period hence the contempt petition was also filed against the authorities concerned. It is further contended by the learned counsel for the applicants that during the course of enquiry the applicants had filed their affidavits individually stating therein that no forgery or cheating was committed while submitting their experience certificates but the District Magistrate, Agra cancelled the admission of the applicants in the Lekhpal Training School as he was annoyed of the contempt proceedings initiated against him.