NIRMALA KHARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioners have filed this petition under Sec. 482 of Cr.P.C., 1973 (hereinafter referred to as "the Code") to quash the charge sheet and entire proceedings initiated pursuant to F.I.R No. 391/2009 dtd. 14/7/2009 by P.S. Kotwali District Tikamgarh against the petitioners.

(2.) The factual matrix of the case in nutshell is that petitioner Smt. Nirmala Khare and Shri Pushpendra Singh are the Members of Jila Panchayat, petitioner Anil Singh Gour is the District Education Officer, petitioner Babulal Rai is the President of Jila Panchayat. Petitioners, namely, Smt. Nirmala Khare, Pushpendra Singh, Anil Singh Gour, Akhilesh Ahirwar and Awadh Bihari Khare were the Members of the appellate committee constituted under Rule 2(b), Column-6 of Schedule-II of Madhya Pradesh Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005 (hereinafter referred to as the "Rules of 2005"). A copy of Rules of 2005 is filed as Annexure A/1.

(3.) As for as, petitioner Sheikh Sharief is concerned, he is Assistant Teacher posted in Govt. High School Ajnor District Tikamgarh. As per prosecution allegations, he was assigned the work of scrutinizing the applications of candidates alongwith other co-accused persons. He has sought quashment of the charge sheet on the ground that only the work of making bundles of the application forms of the candidates for the post of Samvida Shala Shikshak Grade-II for which applications were invited was assigned to him. As he was not entrusted the duty of scrutinizing the applications, the F.I.R and proceedings pursuant to that against him be quashed.