CHANDRIKA PRASAD KIRAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed for quashing of the F.I.R. of Sadar (Hazaribagh) P.S. case No. 240 of 2011 registered under Sections 467, 468, 471, 120(B) of the Indian Penal Code.

(2.) THE F.I.R. was lodged by one Chandramani Prasad, Under Secretary of Home, Department, Government of Jharkhand wherein it has been alleged that in the year 2004 process of recruitment of Constables in four districts Hazaribagh, Koderma, Giridih and Chatra was undertaken by the Selection Committee comprising of Superintendent of Police of all the four districts one Deputy Superintendent of Police and the District Welfare Officer. The petitioner being the Superintendent of Police, Chatra at the relevant point of time was one of the members whereas Superintendent of Police, Koderma being senior most at the relevant point of time was the Chairman. When Superintendent of Police, Koderma was transferred, the petitioner being senior most became the Chairman of the Selection Committee. During whose chairmanship, physical test for the purpose of recruitment of Constables for the district of Chatra was conducted. When the petitioner was transferred to Headquarters Ranchi Special Branch senior most Superintendent of Police took over the charge of Chairman of the Selection Committee in whose period final list of the result was prepared. While preparing the final list several irregularities were detected wherein even the persons who had not applied within time had been included in the list. That apart, over writings were made over the entries mode with respect to height academic qualification date of birth etc.

(3.) MR . B.M. Tripathy, senior counsel appearing for the petitioner submitted that this petitioner a retired I.A.S. Officer has been alleged to have committed an offence of forgery misappropriation cheating etc. in August 2004 whereas the case has been lodged on 27.4.2011 after the petitioner got retired on 30.6.2007. Thus after more than four years of the date of occurrence the case has been lodged though under Rule 6(1)(C) of the All India Services (Death -cum -Retirement Benefits) Rules, 1958 there has been complete bar in lodging criminal case after four years of the occurrence and as such. F.I.R. is fit to be quashed.