AJAY NARAYAN RAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Rajendra Singh Kushwaha, learned counsel for the revisionist and Shri Devendra Singh, learned AGA for the State respondents.

(2.) Instant criminal revision has been filed by Ajay Narayan Ram challenging the judgment and order dated 26.4.2010 passed by the learned Additional Sessions Judge, Court No.6, Lakhimpur Kheri in Criminal Appeal No.38 of 2007 by which the learned court below has upheld the judgment and order dated 12.12.2007 passed by the learned Additional Chief Judicial Magistrate, Lakhimpur Kheri in Case No.3724 of 2007 arising out of case crime no.1021 of 2003, under Sections 468, 420, 471 IPC, Police Statin Kotwali, District Lakhimpur Kheri.

(3.) As per the prosecution version, the revisionist was working as a daily wager in the forest department, and he moved an application for regularization. Along with his application he submitted attested photostat copy of school leaving certificate issued by Janta Janardan Inter College, Gandhi Nagar, District Ghazipur in which his date of birth was mentioned to be 15.3.1964. After regularization, while service book was prepared, he submitted a school leaving certificate issued by Sri Ganesh Jokhan Sarvodaya Uchchatar Madhayamik Vidyalaya, Gambhirpur, Ghazipur in which his date of birth was shown as 10.3.1974. Seeing these anomalies, the concerned Prabhagiya Vanadhikari suspended him, and departmental inquiry was initiated against him. In this departmental inquiry, he was found guilty, and was removed from service. After that, the Prabhagiya Vanadhikari Dakshini Khiri asked the Superintendent of Police for lodging of FIR, on which a FIR was registered, and after investigation, charge sheet under Sections 466, 468, 471, 419, 420 IPC was framed. The accused pleaded not guilty, and claimed to be tried.