AWADHESH KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Revision is directed against the order impugned dated 13.5.2009 by which the petition filed on behalf of the petitioner under Section 239 Cr.P.C. for his discharge was dismissed by Shri B.B. Gautam, Judicial Magistrate, Ist Class, Dhanbad in Dhanbad P.S. Case No. 391 of 2006 corresponding to G.R. No. 1802 of 2006.

(2.) The prosecution story in short was that one Dr. Rajendra Paswan, District Leprosy Officer, Dhanbad in his written report presented before the Officer-in-charge of Dhanbad police station alleged that one Ramchandra Prasad, working as regular Non-Medical Assistant in Govindpur, Leprosy Control Centre, was never appointed as per inquiry letter No. 96 dated 24.2.2006 furnished by the District Leprosy Officer,. The said Ramchandra Prasad had submitted his joining report on the forged document by impersonating himself as Government Servant. The Investigating Officer after investigation of the case submitted charge sheet against the petitioner Awadhesh Kumar Singh and one Ganauri Singh including the principal accused Ramchandra Prasad for the alleged offence under Sections 420/467/468/472/471 of the Indian Penal Code. Accordingly, cognizance of the offence was taken against the accused persons under the aforesaid sections. Though the petitioner was appointed as a Medical Officer on 5.6.1972 but he was posted as Director, Health and Family Welfare Department, Government of Jharkhand since 16.1.2006.

(3.) After cognizance of the offence was taken, the petitioner preferred a petition under Section 239 Cr.P.C. for his discharge stating therein that he was not at all responsible for any cheating or impersonation alleged to have been committed by the principal accused Ramchandra Prasad but the learned Magistrate by its order dated 13.5.2009 without appreciating the defence of the petitioner rejected the petition filed under Section 239 Cr.P.C. with the observation: