RAKESH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for the quashing of the order dated 23.7.1999 passed by Sri P.K.Dikshit , Judicial Magistrate, 1st Class, Sheikhpura, in G.R.No.536 of 1995( arising out of Sheikhpura P.S. Case No.265 of 1995). By the said order, the learned Magistrate has refused to discharge the petitioner and the court was of the view that there is material for framing of charges under Sections 468 and 420 of the Indian Penal Code and directed the accused/petitioner to remain physically present on 17.8.1999 for the purpose of framing of the charges.

(2.) Short fact of the case is that on the basis of a written report of the District Superintendent of Education, Sheikhpura, an F.I.R. vide Sheikhpura P.S. Case No.265 of 1995 was registered naming the petitioner as accused for offence under Sections 468 and 420 of the Indian Penal Code. It was alleged in the written report that an enquiry was conducted and it was found that the petitioner got his admission in Teachers Training School, Sheikhpura on the basis of forged Matriculation Certificate as well as on an allegation that the petitioner, though, had failed in the Graduation examination, on the basis of forged certificate, he was continuing in service. It was alleged that the accused petitioner for his personal gain has forged documents and on the basis of said written report, an F.I.R. was lodged. After investigating the case, police found the allegation as true and thereafter a chargesheet was submitted in the case in the month of April, 1996.

(3.) After the cognizance order was passed by the learned Magistrate and the completion of supply of police papers under Section 207 of the Code of Criminal Procedure, when the case reached to the stage of charge, a petition was filed on behalf of the petitioner for his discharge under Section 239 of the Code of Criminal Procedure. In the discharge petition, a specific plea was taken by the petitioner that on the same charge a departmental proceeding was initiated against him and on 14.8.1995 he was put under suspension and subsequently, he was dismissed on 26.10.1995. It was pleaded that the dismissal order was challenged before this Court vide C.W.J.C.No.12062 of 1995 and this Court quashed the order of dismissal. After hearing the parties, the learned Magistrate by its order dated 23.7.1999 rejected the discharge petition and fixed the case to 17.8.1999 with a direction to the petitioner to remain present for framing of charge.