JITENDRA NATH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing of order dtd. 1/8/2017 passed by Additional Chief Judicial Magistrate, Sitamarhi in Parihar PS Case No. 23 of 2016 corresponding to Trial No. 3616 of 2018 whereby and whereunder the court below has been pleased to take cognizance of offence punishable under Ss. 409, 467, 468, 471 and 120B/34 of the Indian Penal Code against the petitioner.

(2.) Prosecution case in brief is that this petitioner along with other four named accused persons obtained appointment on the basis of forged and fabricated educational certificates. On the basis of aforesaid written application Parihar PS Case No. 23 of 2016 for offence under Ss. 467, 468, 471, 409, 120B/34 of the Indian Penal Code was registered and after investigation charge-sheet was submitted and cognizance for offence under Ss. 409, 467, 468, 471, 120B/34 of the Indian Penal Code was taken against the petitioner and others.

(3.) It is submitted on behalf of petitioner that petitioner was appointed after following due courses of law and joined his duty on 21/12/2006. He was working as an Assistant Teacher, Middle School, Daraharwa falling within Parihar Block of District Sitamarhi. It is next contended that petitioner was regular student of B.Ed course. Petitioner was appointed as Block Teacher having qualification of MA, B.Ed Teacher. He was regular student of B.Ed. Course in academic sessions of 1994-95 of S. Wakil Ahmad Teacher's Training College, Darbhanga. The examination of students of Sessions 1994-95 was held in 1998 and result was published in the year 1998. The aforesaid training college was affiliated to L.N. Mithila University, Darbhanga. Petitioner was student of the training course. However, in the year 2000 the Examination Controller of L.N. Mithila University, Darbhanga by Memo No. X(C) 1868-78/2000 cancelled the admission, examination, result, mark-sheet and certificate of students of S. Wakil Ahmad Teacher's Training (B.Ed.) College, Murgiachak, Bandh Road, Laherisarai, Lalbagh, Darbhanga on the ground that affiliation granted to the college was cancelled with retrospective effect. Subsequently, in compliance of the direction issued by the Hon'ble Court in CWJC No. 13108 of 2016, the Registrar, L. N. Mithila University by Memo No. 372/18 dtd. 6/1/2018 withdrew the notification issued vide Memo No. XC/1667-1867/2000 dtd. 29/2/2000 by which examination result, mark-sheet and provisional certificates of B.Ed. for the sessions 1985-86 to 1996-97 of S. Wakil Ahmad Teachers Training College, Darbhanga, was withdrawn and results of aforesaid academic sessions were declared valid.