JUDGEMENT
D.P.SINGH, J. -
(1.)THE present appeal has been preferred by the State of Bihar (now Jharkhand) against the order of acquittal dated 5.1.1999 passed by the learned Judicial Magistrate, 1st Class, Ranchi by which
sloe respondent Mewa Ram Chourasia was acquitted of the charge under Sections 420, 465 and
471 of the Indian Penal Code, in G.R. Case No. 1378 of 1985 Tr. No. 800 of 1999.
(2.)BRIEF facts leading to this appeal are that respondent Mewa Ram Chourasia had issued a forged and fabricated certificate in favour of one Scholastica Kujur regarding her experience in teaching of
particular subject Sanskrit and got herself recommended for the appointed to the post of Reader in
Sanskrit. According to prosecution case, the said forged and fabricated certificate has been
accepted by the University officials including the Vice -Chancellor and Scholastica Kujur was
appointed ignoring the claim of the informant Dr. Shayama Raman Pandey.
The written complaint was lodged on 16.5.1985 on the basis of which Kotwali Town P.S. Case No. 320 of 1985 under Sections 420, 465 and 468 of the Indian Penal Code, was registered
against Scholastica Kujur and others. The police started investigation and finally submitted charge -
sheet against the appellant and said Scholastica Kujur. The learned trial Court framed charges
against both of them. Later on, co -accused Scholastica Kujur was discharged as the entire criminal
proceeding was quashed by this Court in Cr. Misc. No. 5629 of 1993. Thereafter, the sole
respondent was tried and found not guilty acquitted of the charges.
(3.)MR . T.N. Verma, learned A.P.P. for the State submitted that the learned lower Court has not considered the materials on record properly and acquitted the respondent ignoring the material on
record.
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