AMRESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel appearing for the respondents.

(2.) This Cr. Writ petition has been filed for issuance of writ of mandamus or any other appropriate writ, order or direction for quashing the First Information Report of Pirbahore P.S. Case No. 464 of 2009 against the petitioner registered on the basis of written report filed by respondent No. 7.

(3.) Counsel for the petitioner has submitted that charge sheet has been filed in the instant case against some of the accused and the investigation against this petitioner and other co-accused are still pending. It has further been submitted that from the information, given by the Public Information Officer of Patna University, it is clear that the petitioner was one of the selected candidates listed at serial No. 6 in the select list of BBA course (2009-12) from guaranteed category. However, in the admission list name of the petitioner did not figure anywhere and in his place Ravikant Choudhary was admitted from non-guaranteed category. As such selected candidate will never send forged letter seeking admission by backdoor. The petitioner has no knowledge about the alleged forged letter. He took admission in polytechnic college and came to know about the alleged incident after two years. He only gave his application form which bears his signature and besides that, there is no document in the FIR showing his signature. The FIR was instituted in the year, 2009 and charge sheet has been submitted in the year, 2010 with respect to two co-accused. It was stated in the charge sheet that investigation with respect to other accused including the petitioner is pending. The police is yet to submit charge sheet/final form even after lapse of 7 years which shows the callous and lackadaisical attitude of police officials. The petitioner has been made victim of malicious prosecution at the hands of officers of Patna University and delayed investigation by police. The other co-accused named in the FIR were not in the select list of candidates for respective courses. The petitioner was only in the list of selected candidates which is apparent from the information received under RTI. Therefore, there is probability of those students whose name were not in select list tried for admission on the basis of forged letter. So far the petitioner is concerned it is highly improbable, that he after being selected, in the select list, will do such act of forgery. Therefore, the petitioner cannot be said to be author of the alleged offence. The petitioner is student of polytechnic college and the entire career will be jeopardized if this criminal proceeding continues against him. The lodging of FIR is an abuse of process of law.