AMARESH KU.SINGH, J. - (1.) HEARD the learned Counsels for the petitioners and learned Public Prosecutor.
(2.) ALL the three petitions filed under Section 482 Cr. P.C. are against the framing of the charges against the petitioners on 21.11.1994 in criminal case No. 433/89 State v. Parminder Singh and Ors. It is, therefore, proper that all the petitioners should be disposed of together. The learned Counsels for the petitioners have submitted that the order dated 21.11.1994 recorded on the order sheet of the case is not a speaking order in as much as the learned Additional Chief Judicial Magistrate has not given reasons for coming to the conclusion that there were grounds for framing charges against the petitioners. The ground on which these petitions is based, is that the charges which have been framed against the petitioners, appear to have been framed without applying Judicial mind because every petitioner has been charged of the offence of entering into a conspiracy to forged the degrees and mark - sheets issued by the Varansai University, Kanpur University. Avadh University, Faizabad and Jivaji University, Gwalior and using the forged degrees for the purpose of obtaining appointment as a teacher.
(3.) IT is submitted by the petitioners that so far as the degrees and mark -sheets used by the petitioners in S.B. Criminal Misc. Petition No. 134/95 are concerned the learned Magistrate has not given any reason for coming to the conclusion that the degrees and mark -sheets used by these petitioners were forged documents. My attention has been drawn to the photo state copy of the letter dated 1.7.1989, sent by the Registrar of the Avadh University to the Station House Officer of the Police Station Sri Karanpur. By this letter, which purports to have been issued by the Registrar of the Avadh University the Station House Officer of the Police Station Sri Karanpur was informed that the earlier letter dated 12.1.1989 contained wrong statement of the fact as the concerned employee was on leave and the subsequent letter dated 23.5.1989 contained correct statement of fact and that in fact all the 11 candidates (whose names were mentioned in the letter sent by the Station House Officer of the Police Station) were candidates according to the record of the University. Those letters suggests that the degrees and mark -sheets used by the 11 candidates named in the letter sent by the Station House Officer were not forged documents. It is further submitted by the learned Counsels for the petitioners that the learned Additional Chief Judicial Magistrate did not take into consideration the letter dated 1.7.1989 sent by the Registrar of the Avadh University and had he taken this letter into consideration, he might have come to the conclusion that the degrees and mark -sheets used by the 11 candidates referred in this letter were genuine documents.;