RAJESH DESAI Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Revision filed under Section 397 read with Section 401 of Cr.P.C. is directed against the order passed by the learned First Additional Sessions Judge-Agar, District-Agar, in Sessions Trial No.4/2015 whereby the learned Additional Sessions Judge framed charges against the applicant under Sections 420, 465, 468 and 471 of IPC.

(2.) The brief facts giving rise to this revision are that the present applicant is father of studentAyush Desai. It is alleged that the complainant Agar Malwa Wel Education Welfare Society, which is running a school in the name of Shri Sanskar Academy, Agar Malwa lodged a complaint to the police. The present applicant came to the school on 30.06.2009. He obtained admission form from the school and applied for admission of his son Ayush Desai in class-6th. Alongwith admission form, he submitted mark-sheet purportedly issued by Saraswati Gyan Mandir and transfer certificate issued from the above named school. On the basis of these documents, his son Ayush Desai was given admission in the school. He continued his education and passed class-6th, 7th, 8th and 9th.

(3.) On 07.03.2013, one resident of Agar Malwa Pramod Bhatnagar filed a complaint before the school that the present applicant has secured admission of his son in the school on the basis of forged document. It was also mentioned in the complaint that Ayush Desai son of the present applicant failed to pass 5th class from Pushpa Convent school and he was declared failed by the school. He was issued transfer certificate by the school dated 08.04.2009, copy of which, was given to the complainant-Pramod Bhatnagar by Block Education Officer, Agar under the provisions of R.T.I. Act. On the basis of this complaint, a notice was issued to the present applicant, who failed to submit his reply, even after lapse of four months after receipt of the notice. Thereafter, a complaint was lodged by the school authority before the Police Station-Agar, on which, a crime bearing No.387/2013 under Sections 420, 465, 468, 471/34 IPC was registered.