PROF CHANDRAKET PDSINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been moved for quashing the order dated 14.7.1995 passed by Judicial Magistrate in Trial No. 1317 of 1995 by which the learned Magistrate has taken cognizance of the offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code against the petitioners.

(2.) It appears that a complaint was filed by opposite party No. 2 against the petitioners alleging that the petitioner No. 1 was appointed Tabulator for the Intermediate Examination of 1989 and petitioner No. 2 is his brother. It is alleged that the petitioner No. 1, in collusion with petitioner No. 2, made fraudulent entries in the mark sheets by increasing the marks on taking money and thereby have committed the offences of forgery. It was also alleged that on the application of opposite party No. 2 on 13.8.1994 the Principal of the College made inquiry and submitted his report to the Vice-Chancellor which supports the allegation of forgery against the petitioners.

(3.) The Learned Magistrate, after examining the complainant and considering the statements of five witnesses examined on behalf of the complainant and also considering the photostat copy of mark sheet and the copy of Intermediate Examination, 1989, found that there were sufficient materials for summoning the accused persons for a case under Sections 420, 467, 468 and 471 of the Indian Penal Code. This order is dated 14.7.1995 which is sought to be quashed by the petitioners.