(1.) By way of instant criminal revision petition filed under Sec. 397 read with Sections 401 and 482 of the CrPC, a prayer has been made to set-aside the impugned order dated 3.12.2016 passed by the learned Special Judge, Kangra, at Dharamshala in CC No. 19-J/2010 in case FIR No. 8/2008 Police Station SV & ACB Dharamshala, whereby charges for offence under Sections 420, 467, 468, 471 and 201 of the Penal Code and Sec. 13(2) of the Prevention of Corruption Act, 1988, have been framed against the petitioner accused. Petitioner-accused has further prayed for his discharge under Sec. 227 of the Cr.PC., after setting aside the aforesaid impugned order.
(2.) Briefly stated facts as emerge from the record are that on the basis of anonymous complaint, having been made by one Shri K.S. Thakur, R/o Village Ludret, Tehsil Dehra, District Kangra, FIR No. 8/2008 dated 8.7.2008 came to be registered with the Police Station SV & ACB, Dharamshala, alleging therein that the accused should have retired a year back but he was still continuing in service on the strength of wrong entry of date of birth made in the service book.
(3.) Though record suggests that during investigation, nobody in the name of Shri K.S. Thakur, was found to be the resident of that village but police on the basis of investigation came to conclusion that the accused namely Manohar Lal, PET Government Middle School Ludret, in connivance with some dealing hand in the office of Deputy District Education Officer, got incorporated his date of birth as 11.4.1948 instead of 11.4.146 and thereby continued to perform government duty for extra two years and caused undue loss to the Government and undue gain to himself. After completion of investigation, police presented the challan in the Court of learned Special Judge, Kangra, at Dharamshala, who after being satisfied that prima-facie case exists against the petitioner-accused framed charges against him under Sections 420, 467, 468, 471 and 201 of the Penal Code and Sec. 13(2) of the Prevention of Corruption Act, 1988, to which he pleaded not guilty and claimed trial. Being aggrieved and dissatisfied with the aforesaid framing of charge, accused-petitioner has come before this Court in the instant proceedings; seeking his discharge under Sec. 227 after setting aside the impugned order dated 12.2016.
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