REKHA DEVI @ REKHA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner who alongwith another has been made to figure as accused in Complaint Case No. C -439 of 2005, has prayed for the quashing of the order dated 14.12.2005 passed therein by Sri S.N. Mishra, Judicial Magistrate, Sikrahana at Motihari, East Charnparan, whereby he has taken cognizance under Section 420 I.P.C. against the petitioner and one other and has directed for issuance of summons.

(2.) ONE Gita Devi, the complainant, impleaded herein as O.P. No. 2 filed the aforesaid complaint, inter alia, alleging that she being a member of the Scheduled Castes has passed I.A. Examination and had applied for the post of Anganwadi Sevika in the village Panchayat Raj Madhubani where in Counter No. 4, one Anganwadi Sevika was to be appointed. From amongst the several applicants, the complainant was the most eligible person to be appointed on the said post. It is further alleged that in a general meeting held on 18.9.2004 in the Girls High School, Village - Madhubani Kala, Chiraiya, District - East Champaran, the complainant was selected unanimously for appointment on Centre No. 4 of Anganwadi Sevika. However, both the accused persons in connivance with each other with intention to destroy the papers did not issue the appointment letter of the complainant and instead letter for general female, namely, Anita Devi, had been issued although the complainant had better marks and qualification than the person appointed. All efforts to complain about the incident to the superior officers went in vain because no action was taken. After due inquiry under Section 202 Cr.P.C where apart from the statement on S.A. of the complainant, five others, namely, Mahendra Bhagat, Lal Babu Singh, Kameshwar Singh, Lallan Singh and Chandradeo Singh, were examined and they have not fully supported the prosecution case. It has further been submitted that notwithstanding the same, the learned Magistrate took cognizance under Section 420 I.P.C against the accused persons including the petitioner.

(3.) IT has been submitted on behalf of the petitioner that she is innocent, has committed no offence and has been falsely implicated in the present case on concocted and baseless grounds due to enmity and village politics. In this connection, it has been submitted that on 18.9.2004, a general meeting was held in the campus of the Girls High School in presence of officials including the petitioner who happens to be the Child Development Project Officer, Chiraiya in the District of East Champaran and several decisions were taken therein. So far as appointment of Anganwadi Sevika in Centre No. 4 is concerned, the unanimous decision of the general body was to appoint Anita Devi and in compliance thereof letter of appointment was issued to her and she joined on that post. The accusation of forgery has been denied which would find support from the proceeding book.