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Patna High CourtCR. WJC/990/2017dismissed

Vinay Kumar Srivastava v. The State Of Bihar And ORS

2024-03-11Mr. Justice Bibek Chaudhuri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1605 of 2017 Arising Out of PS. Case No.-89 Year-2017 Thana- BIND District- Nalanda ====================================================== Amrendra Kumar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

THE DISTRICT MAGISTRATE NALANDA BIHAR 3.

THE DISTRICT PUBLIC GRIEVANCES REDRESSAL OFFICER, NALANDA BIHAR 4.

THE DISTRICT PROGRAMME OFFICER (EST.) NALANDA BIHAR 5.

THE BLOCK DEVELOPMENT OFFICER, BIND BLOCK, DISTNALANDA BIHAR 6.

THE BLOCK EDUCATION OFFICER, BIND BLOCK, DIST- NALANDA BIHAR 7.

SURESH SINGH SON OF LATE CHANDRAMA SINGH RESIDENT OF VILLAGE- PACHRUKHVA, PO- SONAULI, PS- MAGHARAKH, DISTSARAN ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Singh, Advocate For the Respondent/s :

Mr. Madhaw Prasad Yadaw, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 12-03-2024 The petitioner, claiming himself to be Amrendra Kumar, has filed the instant writ petition for issuance of appropriate writ/direction for quashing of the FIR of Bind P.S. Case No. 89 of 2017 dated 25.06.2017, instituted for offences punishable under Sections 420/467/468/471 of the IPC.

2. The case of the prosecution, in brief, is that on the basis of a complaint made by one Vishram Sharma vide letter dated 10.06.2017, addressed to the District Programme Officer (Est.) Nalanda, the BDO, Bind was directed to make an enquiry

Patna High Court CR. WJC No.1605 of 2017(6) dt.12-03-2024 2/2 with regard to the appointment of a forge teacher in a middle school Bind, Nalanda. The BDO constituted a three men committee for making enquiry and it was found that the petitioner was appointed and working as Assistant Teachercum-B.R.P. in the Middle School, Bind in the name of Akhilesh Kumar, son of Abhiram singh. The enquiry report was sent to the Officer-In-Charge, Bind Police Station for registration of FIR. Accordingly, the above mentioned case was instituted.

3. The petitioner claims himself to be Amrendra Kumar, whereas, the enquiry report says that he is not Amrendra Kumar but Akhilesh Kumar. Akhilesh Kumar, by way of impersonation and forgery, got the job of Amrendra Kumar, as a teacher of middle school, Bind.

4. The matter is under investigation by the police authority. The allegation levelled in, the three men enquiry committee, prima facie, suggests commission of cognizable offence, therefore, there is no question of quashing the FIR.

5. Accordingly, the instant writ petition, being devoid of merit, is dismissed.

(Bibek Chaudhuri, J) Suraj Dubey/ - U T