MITA ROY Vs. STATE

JUDGEMENT

(1.) The instant Criminal Revisional Application under Section 482 of the Code of Criminal Procedure is for quashing the instant Criminal Proceeding under Sections 468, 471 and 420 I. P. C. , which arose out of Kotwali P. S. Case No. 333 dated 21.11.1997. The said proceeding being G. R. Case No. 346/97 is now pending before the Ld. S. D. J. M. Cooch Behar (Sadar).

(2.) The case of the Petitioner was in brief that O. P. No. 2 Smt. Aparna Mitra filed a written complaint on 21.11.1997 addressing the same to, the Inspector-in-charge, Kotwali Police Station, Cooch Behar alleging inter alia that the Petitioner appeared before Interview Board on 24.11.1996 in connection with her selection to the post of Assistant Teacher of Baneswar Girls High School, Cooch Behar and that for getting the job she used a forged certificate by inserting '1st Class' in place of '3rd Class' in her Lady Brabourne Diploma. Apprehending arrest in the said case of forgery, Petitioner Smt. Mita Roy filed an application for anticipatory bail under Section 438 of the Code of Criminal Procedure before the Ld. Sessions Judge, Cooch Behar and obtained an order of non-arrest till 5.1.1998. On the other hand, Opposite Party No. 2 Smt. Apama Mitra moved a writ application before the Hon'ble High Court Calcutta in W. P. No. 3184(W) of 1997 and obtained an order. By the said order, Hon'ble High Court, Calcutta was pleased to direct the Director of School Education to consider the candidature of the Opposite Party No. 2 for the post of Assistant Teacher. Accordingly the O. P. No. 2 and all other candidates were given a hearing on 4.12.1997 by the Director of School Education and that the Director of School Education was satisfied about the bona fide nature of the certificate produced by the Petitioner Smt. Mita Roy. According to the Petitioner, O. P. No. 2 sent a complaint of the same nature to the District Inspector of Schools (S. E. ), Cooch Behar. After enquiry the District Inspector of Schools came to the conclusion that there was no irregularity in the matter of Petitioner's securing the top position in the panel for the post of Assistant Teacher and that the allegation against her that she used a forged certificate at the time of Interview was baseless. Accordingly the District Inspector of Schools accorded approval to the panel and the School authority issued appointment letter in favour of the Petitioner. Thereupon the Petitioner joined the post of Assistant Teacher on 8.9.1997 in the School. According to the Petitioner, the complaint or FIR lodged by O. P. No. 2 against the candidature of the Petitioner was baseless and hence the same should be quashed.

(3.) I have had the opportunity of hearing Ld. Counsel for the Petitioner as well as Ld. Counsel for O. P. No. 2 at length.