SHASHI KUMAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for quashing of first information report (for short 'FIR') of Khagariya Sadar P. S. Case No. 646 of 2015 dated 04.10.2015 registered under Sections 419, 420, 467, 468, 471 and 120 B of the Indian Penal Code.

(2.) Learned counsel appearing for the petitioner submitted that the FIR has been instituted against the petitioner without any reliable evidence. There was no material before the police on the basis of which it could have held that the petitioner had engaged a fake candidate to appear in the written examination in his place. The entire allegations made against him are based on conjectures and surmises.

(3.) On the other hand, learned counsel appearing for the State submitted that there is specific allegation in the FIR that in place of the petitioner one Chhatis Kumar had appeared in the written examination held for recruitment to posts of constables. It is also alleged that the petitioner had himself confessed that he had paid Rs.2 lakh to Chhatis Kumar to sit in the examination in his place.