(1.) PETITIONER who along with others, has been made an accused of Patna Harijan P.S. Case No.23 of 1998 registered under Sections 419, 420, 465, 467, 468, 471, 474/120B IPC and 3(1)(i)(iv)/3(2)(vii) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 has asked for quashing of the aforesaid FIR relating to his interest.
(2.) OPPOSITE Party No.2, Ramesh Kumar Singh, Inspector of Police -cum -Officer -in -charge, Harijan Police Station, Patna has recorded his own fardbeyan on account of divulgences of fact that after getting forged and fabricated caste certificate of Scheduled Caste / Tribe the accused named therein including the petitioner got themselves admitted under quota so prescribed therefor at different medical colleges.
(3.) COUNTER affidavit has been filed and taking into account the averments made therein, it has been submitted on behalf of learned Additional Public Prosecutor that instant prosecution happens to be legally permissible in the background of the fact that though allegation has been made in similar way but the case has been registered under different sections including Section 420 of the IPC wherein earlier prosecution was conducted.
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