AMAR SARAN, SURENDRA SINGH, JJ. - (1.) HEARD learned Counsel for the petitioner and learned Additional Government Advocate.
(2.) THIS writ petition has been filed for quashing of an FIR at case crime No. 283 of 2010, under sections 420/467/468/471 IPC, PS Madrak, district Aligarh, which was lodged by respondent No. 3, Principal, District Education and Training Institute Madrak/Member Secretary District Education Committee, Aligarh on 9.9.2010. The allegations in the FIR were that the petitioner's mark sheets of High School/Poorva Madhyma and Intermediate/Uttar Madhyama for the special BTC Training, 2008 were found to be forged. In this connection a letter was sent on 29.7.2010 to the Examining Body, i.e. the Sampurnanand University, Varanasi. The said University sent a letter dated 1.8.2010 mentioning that the Roll No. 35252 given by the petitioner for the High School/Poorva Madhyma Examination related to one Mahendra Kumar Shukla and Roll No. 40990 of Intermediate/Uttar Madhyma was not allotted to any one. The petitioner was given an opportunity by the informant by letter dated 10.08.2010 to present his case and file his written explanation. The petitioner stated that the roll numbers given by him were correct. Another letter dated 16.8.2010 was received from the Sampurnanand University on 21.8.2010, which declared the mark sheets of the petitioner to be correct. When the aforesaid letter of the Sampurnanand University was got verified on orders of the Chief Development Officer dated 28.8.2010, another letter was received from the Sampurnanand University on 30.08.2010, in which it was mentioned that even the letter of the University dated 16.8.2010 was forged. Thus there was a double forgery in this case. One at the stage of submitting forged mark sheets and secondly in sending or having a letter sent dated 16.8.2010 purportedly on behalf of the Sampurnanand University verifying the forged mark sheets, which on subsequent verification was found to be incorrect. Learned counsel for the petitioner submitted that in the petitions filed by other similarly placed accused persons against whom there were similar allegations, this Court in Criminal Misc. Writ Petition Nos. 18202 of 2010 (Umesh Chandra Vs. State of UP and others ), 18206 of 2010 ( Gangadhari Vs. State of UP and others ), 18203 of 2010 (Kuldeep Kumar Vs. State of UP and others ), 18205 of 2010 ( Yogesh Kumar Verma Vs. State of UP and others ), and 16437 of 2010 (Subhash and others Vs. State of UP and others ), orders of interim bail have been passed pending consideration of the final bail prayer. Also in Criminal Misc. Writ Petition No. 25307 of 2009 preferred by Jugendra Singh and others Vs. State of UP and others, notice was issued to the State and other parties and the arrest of the accused persons were stayed. As the said orders did not make any detailed examination of the matter on merits, we are not bound by them.
(3.) IT was also submitted by the learned counsel for the petitioner that against the order cancelling the appointment of the petitioner as Assistant Teacher, the petitioner has preferred a Civil Misc. Writ Petition No. 54375 of 2010 challenging the aforesaid order. In the said proceedings this Court has summoned the Registrar of the Sampurnanand University on 6.10.2010. We are of the view that merely because some official of the Sampurnanand University may or may not have colluded with the petitioner for issuing the said fraudulent aforesaid letter dated 16.8.2010 declaring the incorrect mark sheets to be true, it can provide no ground for giving any protection to the petitioner, who being clearly the beneficiary would have a hand in the fraud.;