CHOTHI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing present criminal miscellaneous petition under Sec. 482, Cr.P.C., the petitioner has prayed that F.I.R. No.12/2016 lodged at P.S. Kotwali, District Pali against present petitioner and investigation initiated pursuant thereto may be quashed and set aside.

(2.) Briefly stated facts of the case are that the present petitioner entered into the services of Municipal Council, Pali against the post of Sweeper (Safai Karamchari) after following due process of law in the year 1978. The petitioner from the date of initial appointment has been rendering her services with Municipal Council, Pali without any interruption. The son of the petitioner named Jagaram came to be appointed as Sweeper (Safai Karamchari) with Municipal Council, Pali in the year 1988. One Dwarka Prasad Jawa made a complaint to the District Collector and Secretary, District Redressal of Public Grievances (RPG) Committee on 26/8/2015 and 31/8/2015 respectively stating inter alia that the petitioner obtained appointment in the Municipal Council, Pali on the basis of forged horoscope showing her date of birth as 5/12/1959. As per the complaint, the date of the birth of the petitioner's son mentioned in the transfer certificate issued by the school is 12/11/1968 which indicates that the age difference between petitioner and her son is close to 9 years only.

(3.) The allegation levelled in the F.I.R. is thus that the petitioner has submitted forged horoscope at the time of seeking appointment to show her date of birth as 5/12/1959. Therefore, she has committed an offence of cheating punishable under Sec. 420 IPC.