MOHD. ASHRAF AND ANR Vs. STATE AND ORS.

JUDGEMENT

(1.) Through the instant petition filed under Section 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C ) petitioners seek quashing of the FIR No.505/2013 dated 25.09.2013, for commission of offences under section 420, 467, 468 RPC registered at Police Station Rajouri, on the ground that the same is illegal, against the facts and has been registered by the complainant with mala fide intention only to harass the petitioners.

(2.) The case of the petitioners is that the complainant-private respondent No.4 was engaged as Cook in Government Primary School Atti Gali, Gurdan Bala,Tehsil and District Rajouri in the month of September, 2005 and thereafter Chief Education Officer Rajouri, issued order No.CEOR MDM/56/07/4231-47 dated 17.10.2006 whereby all the Cooks were disengaged due to the non-availability of funds and the private respondent-Tazeem Akhter was also disengaged. The private respondent also submitted her resignation which was properly signed by her close relatives Lal Hussain, Mohd Hussain and also signed by Headmaster Government Middle School Gurdan Bala and also by Mohd. Razak. Thereafter, private respondent- Tazeem Akhter took admission in Government Degree College, Rajouri during the Session 2006-2007 under Roll No. 705, Registration No. 1331I-RCU-06 and appeared in the examination under Roll No. 511045.

(3.) Learned counsel for the petitioners states that the complainant joined the Degree College, Rajouri and thereafter no one was there to perform the duty of the Cook and then Chief Education Officer Rajouri and Zonal Education Officer concerned directed the petitioner No.1 to bring some candidate who will work as Cook and the petitioner No.2 was engaged in the Month of October 2006 and ever since, the petitioner No.2 has been performing her duties as Cook in the Government Primary School Atti Gali Gurdan Bala. It is stated that the private respondent with the help of her father Mohd. Rafeeq managed one order from the office of Chief Education Officer, Rajouri bearing No. CEOR/624-25 dated 08.04.2013 and after proper verification the Chief Education Officer, Rajouri, cancelled the said order vide No.CEOR/968-69 dated 15.04.2013 because that order was totally a fraud, because the private respondent had left the job in the month of September 2006 and the name of the petitioner No.2 was recommended to the Higher authorities vide order dated 15.04 2013. It is further stated that private respondent- Tazeem Akhter filed a writ petition before this Court bearing SWP No.1342 of 2013 and this Court vide order dated 05.06.2013, directed the respondents that private respondent- Tazeem Akhter shall be permitted to perform her duties as Cook in the light of order passed by Chief Education Officer, Rajouri dated 08.04.2013 and she would be paid her wages in accordance with rules. Thereafter, the Chief Education Officer, Rajouri vide No CEOR /9183 dated 27.07 2013 and Zonal Education Officer concerned permitted the private respondent No.4 to work temporarily as a cook till the final decision of the above said writ petition. It is stated that as soon as the petitioner No.2 came to know about the passing of the above said order, she immediately challenged the same through the medium of LPA No.131/2013 and the Hon'ble Division Bench of this Court vide order dated 19.08.2013 stayed the order dated 05.06.2013 passed by the learned Single Judge.