LAWS(PAT)-2012-2-35

RASH BIHARI MANJHI S/O LATE BRAJ KISHORE MANJHI Vs. STATE OF BIHAR THRU HOME SECRETARY SECRETARIAT PATNA

Decided On February 09, 2012
RASH BIHARI MANJHI, S/O LATE BRAJ KISHORE MANJHI, R/O VILLAGE-BUNDU (TOLA- MANJHI,), POLICE STATION- BUNDU, DISTRICT-RANCHI (JHARKHAND) Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Cr.W.J.C No. 717 of 2005 and Cr.Misc. No. 32222 of 1999 have been filed by the petitioner, Rash Bihari Manjhi alone and accordingly, both have been heard together with the consent of the parties and the same are being disposed of by a common order.

(2.) So far prayer made under Cr.Misc. No. 32222 of 1999 is concerned, petitioner has prayed for quashing of FIR followed with investigation of Danapur Harijan P.S. Case No. 12 of 1998 registered under Sections 419, 420, 405, 467, 468, 471, 474, 120(B) of the IPC and Sections 3(1) (IX), 3(2) (VII) of Scheduled Castes/ Scheduled Tribes (Prevention of Atrocities) Act while Cr.Writ bearing No. 717 of 2005 has been preferred for quashing of first information report followed with investigation of SC, ST Minorities Cell, Patna Case No.63 of 2005 registered under Sections 420, 465, 468, 471, 474 and 120B of the IPC, 3(1)(IX), 3(2) (VII) of Scheduled Castes/ Scheduled Tribes (Prevention of Atrocities) Act.

(3.) Before coming to submission and adjudication, brief fact of the case has to be narrated. An allegation has been attributed against the petitioner along with others disclosing therein that after obtaining fake caste certificate, the accused persons got themselves admitted in technical education/ colleges, and further they obtained Govt service, promotion etc thereupon. On the basis of the aforesaid allegation, first of all Danapur Harijan P.S. Case No. 12 of 1998 was registered against altogether 19 accused persons including the petitioner and investigation commenced. During course of supervision, the Supervising authority pointed out that each accused has obtained fake certificate independently at different occasion, got themselves admitted in technical colleges at different occasion, got employment at different stages, discharged their duty at different places therefore, clubbing of all the accused in one criminal case appears to be deficient one in the eye of law and accordingly, ordered for institution of independent cases. In the aforesaid background Danapur Harijan P.S. Case No. 12 of 1998 was allowed to proceed against Abhaynath Manjhi, Shashi Kumar Gope along with other officials who were involved in granting fake caste certificate in favour of aforesaid two. The investigation has been concluded and charge-sheet has already been submitted against them only.