TEJ BAHADUR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS application under Section 482 Cr.P.C. has been filed for quashing the charge -sheet No. 129 of 2004 (State v. Om Prakash Singh and Anr., 445 of 2004 under Sections 419, 420, 467, 468, 471 IPC P.S. Kaptanganj District, Kushinangar.

(2.) THE factual background in a nutshell is as follows: The respondent No. 2 lodged the First Information Report on 10 - 10 -2004 alleging that Tej Bahadur Singh, applicant No. 1 in his capacity as manager of Sri Jagdamba Laghu Madhyamik Vidyalaya Mundera, Somali, Kaptanganj, Kushinagar wrote a letter dated 5 - 11 -1987 to District Basic Education Officer Deoria for the regularisation of complainant and other employees including the principal and assistant teachers of the said institution. On being satisfied with inquiry report of Deputy Inspectors of Schools, the District Basic Education Officer Deoria regularising the services of the complainant and other employees sent an information about it to the applicant No. 1 vide letter No. 442 dated 28 -4 -1988. Assistant teachers namely Janardan Mishra, Jai Singh and Vidya Prasad, having joined other service in the year 1997 selection of Lal Bahadur Upadhyay, Krishna Murari Mishra and Ravindra Gupta was made and letter was sent to the District Basic Education Officer Deoria for approval. The District Basic Education Officer Deoria vide letter No. 3908 dated 31 -3 -1997 communicated the approval of selection to applicant No. 1. The applicant No. 1 and applicant No. 2 father and son in collusion with each other collected money from unemployed youth for giving employment and manufactured false and fabricated letters No. 442 dated 28 -4 -1988 and No. 3908 dated 31 -3 -1997 forging the signature and seal of the then District Basic Education Officer. According to the informant in the year 2002 the applicants in connivance with Roop Chand, assistant teacher collected money by duping the unemployed youth and manufactured a false M.R. dropping the names of approved teachers and showing names of other teachers and employees and sent it to District Basic Education Officer Deoria. The applicants in collusion with each other sent a false and fabricated list of teachers and employees to the District Basic Education Officer Deoria for grant of aid.

(3.) HEARD Shri Kamlesh Shukla, learned Counsel for the applicant, Shri H.P. Gupta, learned Counsel for the respondent No. 2, Shri Sudhir Mehrothra, learned A.G.A. and have perused the material on record.