ARUN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed to quash the order dated 9.2.2005 passed by the Judicial Magistrate, 1st Class, Buxar in Trial No. 1180/2005 arising out of Simri P.S.Case No. 161/1991 instituted under Sections 468, 471 and 472 of the Indian Penal Code thereby and thereunder the petition of the petitioner filed under Sec. 300 of the Code of Criminal Procedure has been rejected.

(2.) ON perusal of the records it appears that in the year 1991 the petitioner, namely, Arun Kumar joined as a peon in the office of Block Education Extension Officer, Simri within the district of Buxar on the basis of appointment letter no. 68 dated 11.1.1991 purported to be issued under the signature of Regional Deputy Director of Education, Mathura Choudhary. However, later on it was detected that the appointment letter was forged. Accordingly, Regional Deputy Director of Education, Patna lodged fardbeyan on 25.10,1991 before Kotwali Police Station bearing Kotwali P.S. Case No. 527/91. An another cast was also registered in Simri Police Station on the basis of fardbeyan lodged by the Block Education Extension Officer, Simri on 30.10.1991 bearing Simiri P. S. Case No. 161/91.

(3.) ON 16.9.2003 the petitioner filed a petition under Sec. 300 of the Code of Criminal Procedure with a prayer to accuit them on the ground that he has already been tried and acquitted in another case by the Court of Judicial Magistrate, Patna. However, the Court below rejected his prayer by impugned order dated S.2.2005.