JITENDRA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure, 1973 with the prayer to quash the entire criminal proceedings of Gomia P.S. Case No.04 of 2016 corresponding to G.R. Case No.39 of 2016 including the order dtd. 4/5/2017 whereby and where under cognizance has been taken by the learned Judicial Magistrate, Bermo at Tenughat of the offences punishable under Ss. 419, 420, 466, 467, 468 and 471 of the Indian Penal Code.

(3.) The brief facts of the case is that the petitioner submitted a forged certificate of having pursued the course from the Institute of Medical Technology and on the basis of that forged certificate created for the purpose of cheating and by using the said forged document to be a genuine one, committed cheating by obtaining employment as Laboratory Technician in the office of Civil Surgeon-cum-Chief Medical Officer, Bokaro and on the certificate produced by the petitioner being verified, it was found out that the petitioner has submitted a forged certificate of the Institute of Medical Technology which claims to have been registered with Registration No.132 of 2001, but the said registration number was found to belong to an organization in the name and style of Mahila Samajik Sewa Samiti. On detection of forgery and cheating being committed by the petitioner, the In-charge Medical Officer, Primary Health Centre Gomia, Bermo where the petitioner was working, lodged the written report with Gomia Police Station. Basing upon the same, Gomia P.S. Case No. 04 of 2016 was registered and police took up the investigation of the case. After completion of the investigation, police submitted charge-sheet against the petitioner finding the allegations against the petitioner of having committed the offences punishable under Ss. 419, 420, 466, 467, 468 and 471 of the Indian Penal Code to be true and basing upon the said charge-sheet, the learned Judicial Magistrate, Bermo at Tenughat has taken cognizance of the said offences.