MD. MUDASIR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) WITH the help of this application, made under Section 482 Cr.PC., the petitioner, who is accused in Jalukbari Police Station Case No.101/2001 (GR Case No.1691/2001) under Sections 468/471/420/34 IPC, has sought for quashing of the charge -sheet, which has been submitted against him seeking his prosecution under the said penal provisions.

(2.) I have heard Mr. M.H. Choudhury, learned counsel, for the accused -petitioner, and Ms. B. Saikia, learned Addl. Public Prosecutor, Assam.

(3.) WHILE considering the present application, made under Section 482 Cr.PC., what needs to be noted is that the accused -petitioner, as a student of Nagaon ADP College, submitted, by means of a representation, to the Gauhati University, his mark -sheets for B.Sc Part -I and Part -II examinations with the complaint that since the aggregate of the marks, obtained by the accused -petitioner in B.Sc Part -I examination, had been wrongly calculated, the same be corrected. However, when the said two mark -sheets, which the accused -petitioner had allegedly submitted to the University concerned, were examined, it was found that the mark -sheet, for B.Sc Part -II examination, was a forged one. An order was accordingly made by the University concerned declaring the said mark -sheet, i.e., the accused -petitioner s mark -sheet for B.Sc Part -II, 2000, as forged. When the accused -petitioner came to collect the corrected mark -sheet from the University concerned, he was caught by the employees of the University and was handed over to the police, at Jalukbari Police Station, along with a First Information Report (in short, FIR) lodged in this regard. Based on the said FIR, Jalukbari Police Station Case No.101/2001 aforementioned was registered and, on completion of investigation, a charge -sheet, as indicated above, has been filed against the accused -petitioner.