MANOJ KUMAR JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing the first information report pertaining to Rajnagar P.S. Case No. 12 of 2014 dated 10.03.2014 instituted under Sections 420, 467, 468, 471 read with Sec. 34 of the I.P.C. against the petitioner and other employees of Kolhan Inter College, Chaliyama Dam, Rajnagar, Seraikella (hereinafter referred as 'the College').

(2.) It appears that on 08.03.2014 at about 3:30 pm, informant, who is District Education Officer, Seraikella received a telephonic message from the Sub-Divisional Officer, Seraikella to reach immediately in the College. Accordingly informant reached in the College and found that a team of officers consisting of Ravi Shankar Bhuwala -I.A.S. (Trainee), Sri Shashi Prakash -D.S.P. (Trainee), Block Development Officer, Sadar, Chaibasa, P.S.I. Laxmi Kumar (A.S.I.), A.R. Khan -A.S.I. Sadar P.S., Chandra Bhusan Singh, Sub Divisional Officer, Seraikella, were inspecting some documents available in the College. Thereafter, on the direction of Sub-Divisional Officer, informant seized various documents mentioned in the F.I.R. It is also alleged that informant received information from the Sub-Divisional Officer, Seraikella that petitioner indulged in issuance of forged certificate to different students, who were not the regular students of the College. Accordingly, the present first information report lodged.

(3.) It is submitted by Sri Manoj Tandon, learned counsel for the petitioner that informant, who is a District Education Officer has no power to make search and seizure in the College premises as per Sec. 94 of the Crimial P.C. Thus, the first information report lodged on the basis of aforesaid seizure is wholly illegal. Learned counsel relied upon a judgment of the Honourable Supreme Court reported in (2000) 8 SCC 590 [Roy V.D. Vs. State of Kerala].