P.C. Tatia, J. - (1.) Heard learned counsel for the parties.
(2.) The petitioner is aggrieved against the order of the trial court dated 12.09.2003 by which the trial court framed charge's for the offence under Sec. 465, 468 IPC. However, the trial court discharged the petitioner -accused for charge under Sec. 420, 471 read with Sec. 120B IPC and the said order dated 12.09.2003 was upheld by the order of the revisional court dated 22.01.2004, hence, this misc. petition has been submitted by the petitioner under Sec. 482 Cr.P.C.
(3.) Brief facts of the case are that on 08.09.1998 complainant Shyam Kanda, Chairman of Shri Sanatan Dharma Balika Senior Secondary School, Sri Ganganagar submitted a written report at Kotwali, Sri Ganganagar alleging that one Smt.Madhu Verma, teacher working in the complainant's above school submitted an application stating that she gave birth to a male child on 28.06.1993 and she sought maternity leave. Along with her leave application, a certificate issued by the petitioner Dr.R.K.Khanna, Medical Officer, Government Hospital, Vijaynagar (Ajmer) dated 25.06.1993 was annexed. Relying on this certificate issued by the petitioner, maternity leave for 90 days was granted to the said Smt.Madhu Verma. According to complainant, in fact Smt.Madhu Verma gave birth to the child on 26.05.1993 and the certificate issued by the petitioner is, therefore, a false certificate issued to cheat the institution by getting the benefit of maternity leave on the basis of false certificate otherwise, the said Smt.Madhu Verma could not get the salary of the period for which she did not work. The cognizance was taken and, thereafter, charge was framed by the trial court vide order dated 12.09.200, which was challenged by preferring revision petition, which was dismissed by the court of Sessions Judge, Sri Ganganagar vide order dated 22.01.2004. It will be worthwhile to mention here that said accused Smt.Madhu Verma was also charged for offence under Ss. 402 (? 420), 471 IPC by the same impugned order of the trial court, which was challenged by said Smt.Madhu Verma before this Court by preferring S.B.Cr.Revision Petition No.1098/2003. The said petition was allowed and the charge against the said employee Smt.Madhu Verma was quashed by this Court vide order dated 13.01.2004. The State preferred SLP (Cr.) No.2092/2004 which was dismissed by the Hon'ble Apex Court vide order dated 17.02.2006. Therefore, the charge is only against one accused petitioner as another doctor who gave another certificate was discharged by the trial court and main accused Smt.Madhu Verma was also discharged by this Court and order of discharge has been upheld by the Hon'ble Apex Court.;