STATE OF BIHAR Vs. MEWA RAM CHOURASIA
LAWS(JHAR)-2007-3-43
HIGH COURT OF JHARKHAND
Decided on March 13,2007

STATE OF BIHAR (NOW JHARKHAND) Appellant
VERSUS
Mewa Ram Chourasia Respondents

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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