Farhat Naz v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.51039 of 2014 (2) dt.30-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51039 of 2014 Arising Out of PS.Case No. -97 Year- 2008 Thana -JOKIHAT District- ARRARIA ====================================================== Farhat Naz Daughter of Nasiur Rahman Wife of Sabir Alam, Resident of village- Jogindar P.S. Mahalgaon District Araria .... .... Petitioner

Versus

1. The State of Bihar

2. Shiv Narayan Uraon Son of Late Shiv Nandan Uraon Resident of Village Dalia P.S. Ranipatra District Purnea, then Panchayat Secretary Gram Panchayat Chirah P.S. Mahalgaon, District Araria .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Ziaul Quamar For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 30-11-2017 Heard learned Counsel for the petitioner as well as the learned Counsel for the State.

The petitioner seeks quashing of the order dated 18.11.2014 passed by SDJM Araria in Joki Hat PS Case No. 97 of 2008 thereby taking cognizance under Sections 467, 468, 471 and 420 of the IPC. The brief fact giving rise to the case is that the Panchayat Secretary of the concerned Panchayat filed a written information to the police that the petitioner obtained appointment as Panchayat Shikshak on furnishing forged educational certificate of Intermediate. The document submitted by the petitioner was enquired from the concerned Intermediate College and it was found that the said certificate was issued to Talat Naz and not to the petitioner. Moreover interpolation was also made in the marks and accordingly he was

Patna High Court Cr.Misc. No.51039 of 2014 (2) dt.30-11-2017 removed from service, her appointment was cancelled and for committing forgery and fraud a criminal case was instituted. Learned Counsel for the petitioner submits that the petitioner has not received the salary and proper enquiry was not made to ascertain the genuineness of the document.

However, learned Counsel appearing on behalf of the State submits that the matter was enquired and investigated by the Police and after enquiry made by the Panchayat Sachiv the document was found to be forged. It is also submitted that for securing the job of Panchayat Shikshak the said forged mark sheet of another person was used by the petitioner.

Having considered the rival submissions and on perusal of the record the allegations itself clearly reveals prima facie case of making forged document by the petitioner.

So the application stands dismissed.

(Arun Kumar, J.) Snkumar/- U T