MUSTAFA KAMAL ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant application has been filed for quashing of order dtd. 13/3/2019 whereby and whereunder the learned Additional Chief Judicial Magistrate .. IV, Darbhanga (hereinafter referred to as the "Magistrate") was pleased to take cognizance for the offences under Ss. 420, 379 and 120(B) of the Indian Penal Code against petitioner and others in connection with L.N.M.U. Case No. 205 of 2016.

(2.) The prosecution case, in brief, is that one Sohan Chaudhary, who was posted as Junior Engineer in L.N.Mithila University, has succeeded to remove original records of his educational qualification and process of appointment in order to conceal his illegal appointment so that it may not be verified in future.

(3.) Learned counsel for the petitioner submits that upon direction of Registrar of the University, an F.I.R. was instituted on 11/9/2016 against Sohan Chaudhary, incharge University Engineer and after investigation, police submitted final report on 5/5/2017 showing the case to be false against the sole accused. However; differing with the police report, the learned Magistrate has taken cognizance against sole F.I.R. named accused Sohan Chaudhary and petitioner and other two employees of the University namely Sachin Kumar and Madhav Kumar Jha, Clerk and Peon respectively in connection with L.N.University P.S. Case No. 205 of 2016.