- (1.) Both the aforesaid Applications u/s 482 Cr.P.C. arise out of same incident and same case crime number, hence are being taken up together. Shri V.D. Ojha, learned counsel for the opposite party no.2 filed counter affidavit on behalf of the opposite party no.2 in Application u/s 482 Cr.P.C. No.43724 of 2012, which is taken on record, but no counter affidavit has been filed in Application u/s 482 Cr.P.C. No.12023 of 2013. Heard learned counsel for applicants and learned AGA for the State, learned counsel for the opposite party no.2 and perused the record.
(2.) The present Application u/s 482 Cr.P.C. No.43724 of 2012 has been moved for quashing the charge sheet no.288A of 2012 dated 28.09.2012 and Application u/s 482 Cr.P.C. No.12023 of 2013 has been moved for quashing the charge sheet no.288 of 2012 dated 30.08.2012 and prayer has been made in both Applications for quashing of further proceedings of criminal case no.3665 of 2012 (State Vs. Ali Ahmad and others), arising out of case crime no.664 of 2012, under Sections 420, 467, 478, 471 IPC, P.S. Swar, District Rampur, pending in the court of Addl. Chief Judicial Magistrate, Rampur.
(3.) Learned counsel for applicants contends that the applicant Habib Ahmad was secretary of Gram Shiksha Samiti being Headmaster of Primary School of the Village Rustam Nagar, P.S. Swar, District Rampur while the applicants Ali Ahmad and Jagat Singh were members of the Committee being guardians of two students, and Smt. Nanhi Begum was Chairman of the Committee by virtue of being Village Pradhan; that the applicants have been falsely implicated on the false FIR lodged by opposite party no.2 on 03.04.2012 at case crime no.664 of 2012 through application under Section 156(3) Cr.P.C dated 23.02.2011 and the Investigating Officer, without collecting any evidence has submitted charge sheets under the influence of the opposite party no.2; that as per averments made in the FIR, the applicant Habib Ahmad allegedly called the opposite party no.2 at his home on 16.03.2001 and demanded a sum of Rs.50,000/- from him, for making his selection on the post of Shiksha Mitra in Primary School of Village Rustampur, but he refused to make payment and asked for transparent selection. The above selection was set aside by this Court as the post of Shiksha Mitra was reserved for female candidate; that again in the year 2004 the same Principal (applicant Habib Ahmad) allegedly received the application form of opposite party no.2 for Shiksha Mitra on 17.12.2004 and on 19.12.2004, told him of misplacing of his application and when on 20.12.2004, he approached the applicant Habib Ahmad with another application form, he did not accept and got selected Noor Hasan in connivance with other accused persons and is alleged to have committed cheating with the opposite party no.2; that the real fact is that neither any demand was made from the opposite party no.2 nor he ever submitted any application for his selection on the post of Shiksha Mitra in the year 2004; that the claim of opposite party no.2 for selection by filing three Writ Petitions Nos.13356 of 2006, 69955 of 2009 and 12132 of 2015, has been rejected by this Court vide final orders dated 09.03.2011, 22.12.2009 and 27.02.2015 respectively; that in Writ-A No.12132 of 2015 filed by the opposite party no.2 seeking appointment to the post of Shiksha Mitra in the Primary School in Village Rustam Nagar near Raipur, Tehsil Swar, District Rampur for the year 2004 has been dismissed by this Court on 27.02.2015 by observing the concealments of facts and narration of wrong and false facts made by opposite party no.2, and imposing a cost of Rs.25,000/- on him, copy at Annexure SA2 to the supplementary affidavit, filed in Application u/s 482 Cr.P.C. No.12023 of 2013; that in furtherance of order dated 22.12.2009 passed by this Court in Writ Petition No.69955 of 2009, the opposite party made a representation to District Magistrate, Rampur, who rejected the same by a reasoned order dated 06.04.2010 (respectively at Annexure 5 and Annexure 3 in two Applications u/s 482 Cr.P.C. Nos.43724 of 2012 and 12023 of 2013), holding that no application for the post of Shiksha Mitra, was ever submitted by the opposite party no.2; that the correctness of order dated 06.04.2010 passed by District Magistrate, Rampur, has been upheld by this Court vide subsequent final orders passed in Writ Petitions as mentioned above; that after loosing battle from Writ Court in Writ Petition Nos.13356 of 2006 and 69955 of 2009 as well as in the representation before District Magistrate, Rampur on 06.04.2010, the opposite party no.2 has, with malafide intention to harm and harass the applicants, concocted a false story regarding alleged demand of Rs.50,000/- for selection in the year 2001 and further the alleged submission of application form (of which no date has been given) and of getting it misplaced by applicants in collusion with each other and lodged the FIR with absolutely false and concocted and new facts; that in view of observations made by the Writ Court, the averments made in the FIR lodged after inordinate delay of over six years from the incident, are proved to be absolutely false and baseless and so the charge sheets as well as proceedings of criminal case no.3665 of 2012, under Sections 420, 467, 478, 471 IPC, P.S. Swar, District Rampur, arisen out of case crime no.664 of 2013, pending in the court of Addl. Chief Judicial Magistrate, Rampur are liable to be quashed.;