STATE OF HIMACHAL PRADESH Vs. SINGHI RAM

JUDGEMENT

(1.) The present criminal revision petition is maintained by the petitioner/State, laying challenge against order dated 21.11.2014, passed by the learned Special Judge, Kangra at Dharamshala, District Kangra, H.P., in Criminal M.A. No. 130 of 2014, whereby the application moved under Sec. 321 of the Code of Criminal Procedure, 1973 (hereinafter, for the sake of convenience, to be referred to as "Cr.P.C.") for withdrawal from prosecution, against the accused/respondents, in case FIR No. 2 of 2008, dated 11.03.2008, registered under Sections 420, 468, 471, 120-B Penal Code and Sec. 13(2) of P.C. Act, Police Station State Vigilance and Anti Corruption Bureau, Shimla, was dismissed.

(2.) Succinctly, the facts giving rise to the present petition are that the petitioner/State lodged FIR No. 2 of 2008, dated 11.03.2008, under Sections 420, 468, 471, 120-B of Penal Code and Sec. 13(2) P.C. Act, in Police Station State Vigilance and Anti Corruption Bureau, Shimla, against the respondents/accused. As per the allegations, State Vigilance and Anti Corruption Bureau, Shimla received a source report qua tampering of mark sheet, which was issued in favour of respondent No. 2 (daughter of respondent No. 1). In the year 2005, respondent No. 2 managed to procure a mark sheet, bearing Sr. No. 0203303, form Himachal Pradesh Board of School Education, Dharamshala, whereby she was awarded 446 marks out of 500 marks. On the basis of said mark sheet, respondent No. 2 got admission in Lady Siri Ram College, New Delhi. It was also unearthed during the enquiry that in the year 2006 respondent No. 2 withdrew her documents from Lady Siri Ram College, New Delhi. In 2007, respondent No. 2 again appeared in 10+2 examination from National Open School and in the same year she got admission in Jesus and Marry College, New Delhi. Precisely, as per the prosecution, H.P. Board of School Education issued a forged mark sheet to respondent No. 2 only on the behest of respondent No. 1 (father of respondent No. 2), who was Ex Food & Civil Supplies Minister in Himachal Pradesh Government. The mark sheet was prepared by one Rakesh Bhardwaj, who was Personal Assistant to Chairman, Himachal Pradesh Board of School Education, Dharamshala, and respondent No. 4, who was Deputy Secretary, Education Board, at the instance of respondent No. 3, who was the then Chairman of the Education Board. It came to light during the enquiry that a blank mark sheet was given by the Secrecy Branch to the Personal Assistant of respondent No. 3 and he alongwith respondent No. 4 forged the mark sheet. It has further come in the enquiry that in the year 2006 respondent No. 3 constituted a committee for destroying 15 sample mark sheets. The documents/proceedings qua constitution of the said committed are back dated, i.e., 06.09.2005. The said committee, despite the directions of the Chairman, retained photocopies of 14 mark sheets, however, the photocopy of the mark sheet issued in favour of respondent No. 2 was not retained.

(3.) After conclusion of the investigation, FIR was registered against the respondents. Respondent No. 2, during the trial, maintained an application under Sec. 227 Crimial P.C. for discharging/dropping the proceedings against her, however, the learned Special Judge, dismissed the same.