Patna High CourtCR. MISC./22859/2023dismissed

Krishna Kumar Singh v. The State Of Bihar

2023-10-17Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22859 of 2023 Arising Out of PS. Case No.-389 Year-2021 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Krishna Kumar Singh Son Of Sri Lalan Singh R/O Village- Rampur, P.O.- Jaipur, P.S.- Sasaram, District- Rohtas ... ... Petitioner/s

Versus

The State of Bihar 2.

Jahagir Ansari Son Of Late Reyazuddin Ansari Police Inspector-CumInquiry Officer, Vigilance Investigation Bureau, Patna And Permanently Residing At Village- Darjibigha, P.S.- Madanpur, District- Aurangabad (BIHAR) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh, Adv For the Opposite Party/s :

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 17-10-2023 The present application under section 482 of the CrPC has been filed seeking quashing of the FIR of Sasaram (Muffasil) P.S. Case No. 389 of 2021 which has been registered for the offences punishable under sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

2. The allegation against the petitioner is of having obtained engagement as Panchayat Siksha Mitra based on a marksheet issued by the Bihar School Examination Board, Patna, which was found to be forged. It is the prosecution's case that in the marksheet presented by the petitioner, his aggregate marks was shown to be 475 whereas in fact the petitioner had

Patna High Court CR. MISC. No.22859 of 2023 dt.17-10-2023 2/2 secured only 380 marks.

3. Learned counsel for the petitioner has submitted that the marksheet which was submitted by the petitioner at the time of his engagement is genuine and not fabricated and therefore, this Court, should quash the FIR itself.

4. In the Court's opinion, this application is misconceived. The allegation against the petitioner of having submitted forged certificate for the purpose of his engagement as Panchayat Siksha Mitra constitutes cognizable offence punishable under the provisions of the Indian Penal Code. The defence which is being taken on behalf of the petitioner in the present application cannot be gone into at this stage.

5. This application is, accordingly, dismissed. (Chakradhari Sharan Singh, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.10.2023 Transmission Date 18.10.2023