VEENA KUMARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The issue raised in the present petition filed under Section 482 Cr.P.C relates to power and jurisdiction of the Courts to direct further investigation or to direct filing of a fresh challan, finding that the earlier one submitted by the investigating agency was a weak challan filed to give undue benefit to the accused. Whether this will fall within the jurisdiction of the Court, thus, is a question of significance raised in the present petition.

(2.) FIR under Section 420, 467, 468, 471, 120-B IPC was registered against petitioner-Veena Kumari at Police Station Tarori, District Karnal. Four other persons were named as the co-accused and these are Shyam Lal Bajaj, Smt.Krishna Verma, Sh.Shiv Kumar Gaur, and Smt.Santosh Rana. The allegations contained in the FIR are that petitioner Veena Kumari had got her services regularised on the basis of a forged and fictitious entry in her service book. It is alleged that a forged entry was made vide order dated 10.7.1998 in the service book of the petitioner that she was appointed as a Drawing Teacher at the basic pay of Rs. 480/- per month. It is also alleged that a forged entry was depicted in her service book, showing that she had been in service for the period from 10.7.1984 to 23.7.1985. As per the allegation, the petitioner was appointed as Drawing Teacher in the Government High School, Ramna Ramani, on adhoc basis in September 1994. Prior to this, the petitioner had allegedly taught drawing subject for 9-10 months about 15-16 years back in Government School, Jakhal. As per the allegation, in order to extend undue benefit to the petitioner, certain forged entries were recorded in the service book in conspiracy with Shiv Kumar Gaur, who was the Headmaster of the Government School, at Ramna Ramani. The Head Master had also forwarded the case of the petitioner to the S.D.E.O for getting her services regularized, which was illegal. It is alleged that Smt.Santosh Rana, working as SDEO, despatched the service book of the petitioner to the office of D.E.O., Karnal and Mehar Chand, working as Assistant in the office of D.E.O, made an endorsement on 8.6.1998 that the petitioner had served for 10 months 15 days in other districts and there was enough gap in her service. On the basis of this note, guidance was sought from Sh.Shyam Lal Bajaj, Superintendent in the office of D.O., and finally D.E.O made endorsement for that the services of the petitioner be regularized. Thus, the services of the petitioner were regularized not on any legal or valid basis but on account of this illegality. The FIR was accordingly lodged.

(3.) The investigation followed and the investigating agency had submitted a challan against Smt.Krishna Verma, the then SDEO, Sh.Shyam Lal Bajaj, the then Superintendent working in the office of D.E.O., Karnal but shown the name of Headmaster Shiv Kumar Gaur and Smt.Santosh Rana in column No.2, finding them innocent. On the basis of this challan, the Magistrate took cognizance and found that prima-facie case is made out against the persons challaned and accordingly charged them for offences under Sections 120-B, 467, 468 and 471 IPC.