LAWS(ALL)-2007-9-58

RAVINDER SINGH Vs. STATE OF U P

Decided On September 21, 2007
RAVINDER SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) M. K. Mittal, J. Application under section 482 Cr. P. C. has been filed for quashing the charge-sheet and the proceedings in criminal case No. 1509 of 2000 (Crime No. 145 of 1999) State v. Ravindra Singh pending in the Court of C. J. M. , Muzaffarnagar.

(2.) BRIEF facts of the case are that opposite party No. 2 filed a first information report against the applicant alleging that he was working as principal in Amrit Inter College, Rehana, Muzaffarnagar and the accused applicant Ravinder Singh was selected for the post of Principal. In this connection, a letter was also issued by the DIOS on 21. 7. 1999. Accused presented letter as well as his certificate before the management. Amongst these papers he also produced the degree of bachelor of education issued by Bhawan College, Bihar and the name of the university was Baba Saheb Ambedkar University, Muzaffarpur, Bihar. There were no roll number or enrolment number on the degree and being suspicious accused was directed to explain the things. Then he told that the enrolment number was 11967 of 1977. A letter was sent to the Registrar Muzaffarpur University. One Bhagwat Rai was also sent to verify the facts. The Deputy Registrar gave a report that one Vimal Kumar Prasad Singh was enrolled at No. 11967 of 1997 B. Ed, examination and not Ravinder Singh. Accused filed a. forged degree in order to obtain the appointment as Principal and therefore the report was lodged. After investigation charge sheet was submitted against the accused and the learned Magistrate took cognizance. Feeling aggrieved this application has been filed.

(3.) APPLICANT filed rejoinder affidavit and again contended that B. Ed. Certificate was genuine and there was only mistake regarding the enrolment number and this time he-mentioned enrolment No. 21956. He has also contended that the fact that enrolment number in the B. Ed, certificate of the student is of other student will not by itself make B. Ed, certificate forged. University authority corrected the mistake in the enrolment number on 21. 8. 2000 and changed it to 21956 of 1977.