- (1.) Heard Sri Anand Prakash Srivastava,learned counsel for applicants, learned AGA for State-respondent-1 and Sri Chandan Sharma, learned counsel for respondent-3.
(2.) This application under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") has been filed by three applicants namely, Udai Shanker Shukla, Satish Shanker Shukla and Ram Shanker Shukla, all three brothers, with a prayer to quash charge sheet dated 28.03.2003 and entire criminal proceedings in Case Crime No.1297 of 2003 pending in Court of Chief Judicial Magistrate, Basti under Sections 419, 420, 467, 468, 469, 471 and 409 IPC, Police Station-Kotwali, District-Basti.
(3.) Facts in brief giving rise to this application are that one Ram Dhiraj Shukla, O.P.2 lodged First Information Report (hereinafter referred to as "FIR") against applicants, registered as Case Crime No.107 of 1985, under Section 379 IPC alleging that they plucked Kathal (Jackfruit) from Kathal tree standing on chak owned by Complainant/Informant, R. D. Shukla. Police after investigation submitted final report. Thereafter, to harass applicants, Complainant/Informant filed application under Section 156 (3) CrPC making accused-applicants and two others i.e. wife of applicant-2 and applicant-1 stating that applicant Satish Kumar without any valid qualification has functioned as Assistant Teacher with different names in various primary sections. Initially, he worked at Primary School, Ridhaura Development Block, Parshurampur and therefrom 20.08.1988 he was transferred to Primary School, Semra Development Block but did not return after 06.11.1989. After detection of fraud of Satish Shankar Shukla, to protect his brother, Udai Shanker Shukla represented himself as Assistant Teacher and signed at Register (2) from 1986 to 24.09.1992 and usurped public funds. In this regard report in Police Station-Parshurampur was lodged by Principal of Primary School against Uday Shanker Shukla under Section 419 and 420 IPC. Therein Satish Shanker Shukla was also made an accused. Sri Uday Shanker Shukla is usurping different funds and getting regular salary on the basis of fraudulent appointment since 12.10.1992 and misappropriated about Rs.5 lacs. Uday Shanker Shukla has prepared his false and fraudulent BTC certificate and also certificate of dependent of Freedom Fighter though in his family there was no Freedom Fighter. His BTC degree is also forged. They have also managed removal of relevant documents from the Office.;