Binita Kumari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48084 of 2015 Arising Out of PS.Case No. -226 Year- 2015 Thana -SAMASTIPUR District- SAMASTIPUR =========================================================== Binita Kumari, wife of Sri Shiv Chandra Sahu, resident of at + P.O. Deshari, P.S. Bibhutipur, District- Samastipur, at present working as Assistant Teacher in+2 Vaidehi Project Girls High School, Raipur, Ujairpur, Samastipur. .... .... Petitioner
Versus
1. The State of Bihar.
2. The State of Bihar through the Chief Vigilance Commissioner, Patna. .... .... Opposite Parties =========================================================== Appearance :
For the Petitioner/s : Mr. Shyama Kant Singh, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 09-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.
This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the first information report of Samastipur Town P.S. Case No.226 of 2015 registered for the offences punishable under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code.
Learned counsel for the petitioner submitted that the allegations made in the FIR are patently false. He submitted that the
Patna High Court Cr.Misc. No.48084 of 2015 dt.09-01-2018 petitioner did not obtain any false certificate and the allegations levelled against her are erroneous on facts.
On going through the contents of the FIR and the allegations made in the FIR, I find that there is direct and specific allegation against the petitioner that she obtained government job on the basis of a forged certificate of M.Sc. The allegations made in the FIR do attract ingredients of cognizable offence.
In that view of the matter, I see no reason to quash the FIR or to interfere with the investigation of the case. Accordingly, the application being devoid of any merit, is dismissed.
(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.01.2018 Transmission 11.01.2018 Date