KRISHNA PADA KUMBHKAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner Krishna Pada Kumbhkar apprehends his arrest in connection with Doranda P.S. Case No. 106 of 2006 corresponding to G.R. No. 1665 of 2006 for the alleged offence registered under Sections 466/468/469/471 of the Indian Penal Code.

(2.) The allegation against the petitioner was that he filed a writ petition being W.P. (S) No. 2645 of 2005 challenging the so-called notice dated 16.3.2005 purportedly issued by BCCL authorities calling upon him to show-cause as to why not he be dismissed from his service. The said notice which was filed in the Court was found to be incorrect and not genuine. In that manner the petitioner mislead the High Court and it was gathered that the show-cause notice was never issued to him. On the basis of the written report presented by the Registrar General of this Court, FIR was instituted on 15.5.2006.

(3.) The learned counsel submitted that the petitioner, as matter of fact, was made victim of circumstances at the instance of other persons. He along with other 12 persons were appointed on one or other posts by M/s. BCCL in the year 1981-82 under the land looser scheme. In the month of March/April, 2005 M/s. BCCL issued show-cause notice to other 12 persons who were appointed along with the petitioner calling upon as to why they may not be removed from the services as the lands as acquired, actually did not belong either to them or their ancestor and therefore, it was alleged that on false representation they obtained service. As the petitioner was appointed along with other 12 persons, they managed the petitioner to join hands so as to challenge the show-cause notice issued by the BCCL authorities, though petitioner had not received any notice but they impressed upon the petitioner that notice was issued to him also and under such impression his signature was obtained on vakalatnama but the petitioner never came to Ranchi to swear affidavit in support of the contents of the writ petition.