PRAVAT KISHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application under Section 482, Cr.P.C. for quashing the FIR and the order of cognizance dated 31.3.2003 passed by the learned S.D.J.M., Panposh, in G.R.case No. 36 of 2002 arising out of Tangarapalli P.S.Case No. 2 of 2002.

(2.) BASING on the FIR lodged by the informant, opposite party No. 2, Tangarpalli P.S.Case No. 2 of 2002 was registered, investigation was conducted and charge -sheet was submitted against the petitioner for the offence under Sections 420, 468 and 471, IPC. After perusing the materials on record, the learned SDJM, Panposh took cognizance for the above noted offences and directed issue of process against the petitioner for his appearance. Aggrieved, the petitioner has come up with the present application with a prayer to quash the said FIR and the order of cognizance basically on the plea that no material evidence is there on record to establish the offences under Sections 420, 468 and 471,IPC.

(3.) MS . C. Kasturi, learned Addl. Govt. Advocate, on the other hand, submits that there are statements and report of the officials in the case diary to show that the petitioner personating himself as the son of Jhaptu Kishan applied for a job in the Rourkela Steel Plant under the rehabilitation scheme and producing forged certificates, he got that appointment. She submits that the dispute regarding adoption might be a civil dispute, but in the present case, there are strong materials to show that there was never any adoption of the petitioner and that the certificates from the Tahasildar were obtained by fraud and misrepresentation and that the school leaving certificate was also never issued by the school authorities. Ms. Kasturi submits that on perusal of the materials available in the case diary, a clear case under Sections 420, 468 and 471, IPC is made out and so, the impugned order of cognizance passed in the aforesaid G.R.Case cannot be quashed.