- (1.) APPLICANT Smt. Vimla Devi W/o Satish Kumar Singh has approached this court in it's inherent jurisdiction u/s 482 Cr.P.C., through the instant Application, praying hereunder that proceedings of Complaint Case No. 489 of 2004, Sushil Kumar Vs. Vimla Devi, under Sections 420, 467, 468, 471 IPC, P.S. Badagaon, District Varanasi, pending before IInd Judicial Magistrate, district Varanasi, be quashed.
(2.) SHE had also prayed for interim stay of trial court's proceeding pendent lite this Application. Notices were issued to the complainant respondent no.2 Sushil Kumar Singh and to respondent State, and both of them have filed their counter affidavits contesting applicant's case. Applicant, on her turn has filed rejoinder affidavits to both the counter affidavits. A supplementary affidavit was also filed by applicant, to which a supplementary counter and a supplementary rejoinder affidavit has also been filed. Stated in an abridged form, background facts, as emerged from the pleadings made by the rival contesting sides in their respective affidavits indicate an application u/s 156(3) Cr.P.C. was filed by respondent no.2 before the Judicial Magistrate on 12.11.2003, on which Judicial Magistrate directed for registration of FIR against the applicant on 3.12.2003 and same day FIR of Crime No.C-34 of 2003, under Sections 420, 467, 468, 471 IPC was registered at P.S. Badagaon, district Varanasi, at 11.30 a.m., vide Annexure No.1. It was alleged in the application/FIR that the informant is a peace loving and a simple citizen and earned his family's livelihood by meager means. Applicant Vimla Devi is a Lecturer in Kamla Balika Inter College, Badagaon Basni, P.S. Badagaon, district Varanasi and is a very cunning and dexterous women. By forging documents and by submitting fake degree, she had obtained lecturership in Kamla Balika Inter College, whereas the fact of the matter was that she was not entitled even to teach intermediate classes. Regarding the illegal appointment and forged degrees submitted by the applicant, informant's mother Smt. Vimla Devi had lodged a complaint with the Education Department and administrative authorities mentioning therein that the applicant does not possess any valid degree from any degree college and to obtain unlawful gains she had submitted all forged and fabricated marks sheet. Complaint lodged by informant's mother was inquired into by Dr. Malti Rai, District Inspector of Schools, who submitted her report on 27.12.2002 mentioning thereunder that applicant's dated of birth recorded in her service book that is 1.7.1971 is wrong and illegal because no minor possessed requisite qualifications for being selected in a job. D.I.O.S. had further found that all the degrees submitted by the applicant were fabricated and sham documents. She had further concluded that prima facie, it is established that the appointments of the applicant was wholly illegal and against the service rules and exchequers money had been swindled and therefore, against the applicant Vimla Devi offences under Sections 420, 467, 468, 471 are prima facie disclosed. By inking above allegations that respondent no.2 had filed application under Section 156(3) Cr.P.C. which culminated in registration of FIR mentioned herein above.
(3.) UNDER taken investigation into the crime culminated in submission of FR, as the investigating Officer concluded that no offences is disclosed against the applicant in absence of credible evidences and the certificates and other degrees filed by the applicant were genuine and dispute seemed to be regarding promotion, which was pending before the DIOS as well as in the High Court in between the applicant and Smt. Vimal Devi. I.O., therefore filed Final Report(FR), Annexure No.2, on 27.8.2004. Investigating Officer, in the FR, Annexure No.2, requested the court to accept it and close the case. On the submitted FR, informant respondent no.2 was noticed and he lodged a protest application against acceptance of the F.R., which application was treated as a complaint by the Judicial Magistrate, who registered complain case no. 489 of 2004, Shushil Kumar versus Vimla Devi, u/s 420,467,468,471 I.P.C. Following complaint case procedure Judicial Magistrate recorded informant's statement u/s 200 of the Code Vide Annexure No.3. Informant/ complainant, U/S 202 Cr.P.C., examined D.I.O.S. Malti Rai, as P.W.1. Both the aforesaid persons reiterated and reaffirmed complainant's aforementioned allegations. It is mention here that statement of P.W.1,u/s 202 of the Code indicated that the same was recorded on the basis of applicant's service book.;