- (1.) M. K. Mittal, J. Application under section 482 Cr. P. C. has been filed for quashing the charge-sheet and the proceedings in criminal case No. 1509 of 2000 (Crime No. 145 of 1999) State v. Ravindra Singh pending in the Court of C. J. M. , Muzaffarnagar.
(2.) BRIEF facts of the case are that opposite party No. 2 filed a first information report against the applicant alleging that he was working as principal in Amrit Inter College, Rehana, Muzaffarnagar and the accused applicant Ravinder Singh was selected for the post of Principal. In this connection, a letter was also issued by the DIOS on 21. 7. 1999. Accused presented letter as well as his certificate before the management. Amongst these papers he also produced the degree of bachelor of education issued by Bhawan College, Bihar and the name of the university was Baba Saheb Ambedkar University, Muzaffarpur, Bihar. There were no roll number or enrolment number on the degree and being suspicious accused was directed to explain the things. Then he told that the enrolment number was 11967 of 1977. A letter was sent to the Registrar Muzaffarpur University. One Bhagwat Rai was also sent to verify the facts. The Deputy Registrar gave a report that one Vimal Kumar Prasad Singh was enrolled at No. 11967 of 1997 B. Ed, examination and not Ravinder Singh. Accused filed a. forged degree in order to obtain the appointment as Principal and therefore the report was lodged. After investigation charge sheet was submitted against the accused and the learned Magistrate took cognizance. Feeling aggrieved this application has been filed. Applicant has contended that he possesses requisite qualification and had applied for selection for the post of Principal Amrit Inter College, Rehana, Muzaffarnagar and was also included in the list prepared on 15. 4. 1997. The informant being officiating principal challenged the selection on the ground of virus of rules of selection as also on the ground that he did not possess B. Ed. Qualification in writ petition No. 18350 of 1997. Several other writ petitions were also filed. However, they were decided by a common judgement and the virus was upheld and the writ petitions were dismissed. But in the matter of the applicant it was directed that Deputy Director/director of Education shall decide the question of qualification as raised. But the Director did not decide the question and a writ petition No. 3858 of 1999 was filed which was disposed by order dated 11. 2. 1999 directing the Director to decide the representation of the opposite party. Ashok Kumar also filed a civil misc writ petition which was numbered as 29866 of 1999 and in that matter Director was again directed by order dated 22. 7. 1999 to decide the matter. Thereafter Director of Education finding that the B. Ed, certificate was genuine directed the inspector of schools to allow the applicant to join as Principal. However this order of the Director was not implemented and the applicant filed a writ petition No. 3035 of 2000 and a direction was issued to ensure compliance. According to the applicant when he opposite party could not get any relief in the writ petition he filed the first information report with wrong facts as no case is made out against him. In this matter opposite party filed a counter affidavit and contended that the applicant does not possess the B. Ed. Degree and the certificate filed by him is forged document. The registration number as disclosed by the applicant was in the name of Vimal Kumar Prasad Singh and the Assistant Registrar of the University Muzaffarpur had informed vide letter-dated 27. 3. 2000 that the name of the applicant Ravinder Singh was not recorded in the registration record as a student of the college concerned. Before lodging of the first information report a letter was sent to the Registrar for verification of the fact. Director of Education did not decide the genuineness of the certificate of the applicant and on the contrary he issued a direction that applicant may be permitted to join as Principal of the college and in the mean time he left it open to the Principal of the college to produce the relevant records showing the genuineness of the degree and in this manner Director of Education did not comply with the direction of this Court. University issued several letters to the Investigating Officer and Superintendent of Police, Muzaffarnagar that the B. Ed, degree produced by the applicant appears to be manipulated degree and on the said registration number name of Vimal Kumar Prasad Singh was mentioned and therefore applicant is prima facie guilty of producing forged and fabricated document to occupy the public office.
(3.) APPLICANT filed rejoinder affidavit and again contended that B. Ed. Certificate was genuine and there was only mistake regarding the enrolment number and this time he-mentioned enrolment No. 21956. He has also contended that the fact that enrolment number in the B. Ed, certificate of the student is of other student will not by itself make B. Ed, certificate forged. University authority corrected the mistake in the enrolment number on 21. 8. 2000 and changed it to 21956 of 1977. In the supplementary affidavit, applicant has contended that the writ petition No. 11616 of 2001 filed for quashing the order passed by the board was dismissed on 4. 4. 2003 and he filed a special appeal No. 256 of 2003 which was also dismissed on 14. 11. 2003 and then he filed a review application and the special appeal No. 256 of 2003 was again heard and dismissed on 12. 12. 2005 and as regards the fraud committed by the deponent this Court observed that the question of fraud can be decided in a suit because such a finding can be given only after the evidence is adduced by the parties. Question of the genuineness or otherwise of the B. Ed, degree was not decided by the division bench. Photocopy of the judgement has been annexed as paper Annexure S. A. 1.;