STATE OF HIMACHAL PRADESH Vs. DINA NATH SHARMA

JUDGEMENT

(1.) By way of instant petition filed under S.482 CrPC, challenge has been laid to the order dated 17.6.2016 passed by the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, HP. (Camp at Bilaspur) in Cr. Revision No. 18/10 of 2013, affirming order dated 7.2.2013 passed by the learned Judicial Magistrate 1st Class, Bilaspur, Himachal Pradesh in case No. 107/2 of 2009, whereby application filed under S.239 CrPC, by the respondent-accused (hereinafter, 'accused') for his discharge, came to be allowed.

(2.) Precisely, the facts of the case, as emerge from the record are that a complaint came to be filed against the accused by a person namely Dina Nath son of Shri Prabha Ram, alleging therein that the accused, while serving as a teacher with the Education Department of Himachal Pradesh and posted at Senior Secondary School, Ghumarwin, had simultaneously obtained a degree in law, from NES Law College (Night College), Jabalpur, Madhya Pradesh, affiliated to Rani Durgawati University. Complainant further alleged that during aforesaid period, accused had drawn full salary from the Department and factum with regard to his having acquired degree in law was also not entered in the service book. Complainant also alleged that the accused, after his retirement from the Department, got himself enrolled with the Bar Council of Himachal Pradesh on 9.5.2000. Complainant also alleged that the accused obtained the law degree as a regular student of three year course, whereas, total period of days, for which he remained on leave was 87. He further claimed that at no point of time, the accused submitted his attendance and moot court certificates with the Bar Council of Himachal Pradesh, despite his having given undertaking to that effect.

(3.) It emerges from the record that the aforesaid complaint having been filed by Dina Nath was initially inquired into by the Vigilance Department, Police Headquarters, Khalini. DIG Vigilance, Police Hqrs, after having received complaint, got inquiry conducted through Inspector, State Vigilance and Anti Corruption Bureau, Bilaspur, but, since no act of corruption was found to have been committed by the accused, matter was sent for registration of FIR at local Police Station, consequent to which FIR No. 47/08 dated 6.3.2008, came to be registered against the accused under Ss.420, 468 and 471 IPC at Police Station Ghumarwin, Bilaspur, Himachal Pradesh.