RAZA HUSSAIN Vs. STATE OF U.T. CHANDIGARH

JUDGEMENT

(1.) Petitioner has preferred this petition under Section 482 Cr.P.C for quashing of order dated 02.07.2019 passed by Special Judge, Chandigarh, vide which the application filed by the petitioner under Section 227 Cr.P.C was dismissed and it was held that prima facie charge under Sections 420, 467, 468, 471 read with Section 120-B IPC and Sections 13(1)(d) and 13 (2) of the Prevention of Corruption Act is made out against all the accused.

(2.) Petitioner was working as a Head Clerk in Shia College, faculty of law, Lucknow, UP. He stood retired on 31.07.2016. A complaint was filed against one Ashok Kumar, Advocate. It was alleged that the said Advocate had purchased his LLB degree from Lucknow University. An inquiry was initiated by the police. Verification of certificates of LLB 1st 2nd and 3rd year of Ashok Kumar son of R. Chandra was done from Lucknow University. The controller of examination of University of Lucknow intimated vide letter dated 03.05.2011 that as per record of University, Roll No.FBP/63240 of 1st, 2nd and 3rd year were not allotted to Ashok Kumar son of R. Chandra for the relevant years 1996, 1997 and 1998 respectively. Ashok Kumar had obtained forged certificate as per record of University.

(3.) FIR was registered against Ashok Kumar. Relevant record from the office of Bar Council, Punjab and Haryana was also obtained. Records of Lucknow University and Shia PG College, Lucknow were also seized. The connivance of the officials of the University was alleged with Ashok Kumar. Head of the Department of Law in Shia PG College, Lucknow also reported that as per record, Ashok Kumar son of Ram Chandra was not admitted in LLB course in the year 1996, 1997 and 1998 against Roll No.63240, rather this roll number was issued to one Ashok Kumar son of Mool Chand in the year 1996 and he had got admission in the college for LLB course. Verification of manual certificates and computerized certificates was also done from the Department of University. From that record as well, it was found that Ashok Kumar son of R. Chandra had not done LLB, rather he had forged the LLB degree from Lucknow University and on the basis of that, he got himself enrolled as an Advocate with the Bar Council of Punjab and Haryana after presenting the said certificate along with his application form. He was issued licence to practice vide enrollment No.P/309/2065 and was practising on the basis of said licence. It was alleged that the aforesaid Ashok Kumar obtained LLB degree and certificates in connivance with the officials of Lucknow University namely Sanjay Kumar, the then Deputy Registrar, Dinesh Kumar Dwivedi, Clerk, Sanjay Nigam, Clerk and Ram Chander, Senior Assistant. FIR No.5 was registered on 09.11.2011 under Sections 420, 467, 468, 471, 120-B IPC read with Sections 13(1)(d) and 13(2) of Prevention of Corruption Act at Police Station Vigilance, U.T., Chandigarh. Name of the petitioner was not mentioned in the FIR.