Rakesh Ranjan Prasad, J. - (1.) HEARD learned counsel appearing for the petitioners and learned senior counsel appearing for the O.P. No. 2 as well as learned counsel appearing for the State. This application has been filed for quashing of the order dated 17.06.2011 passed in Complaint Case No. 492 of 2009 whereby and whereunder cognizance of the offences punishable under Sections 420, 467, 468, 471 and 409 of the Indian Penal Code was taken against both the petitioners.
(2.) FROM the perusal of the records, it does appear that an F.I.R. being Bariatu P.S. Case No. 79 of 2007 was lodged by the complainant on 21.05.2007, alleging therein, that Smt. Benu Rani, petitioner No. 1 used to remain absent from the duty but her husband, Dr. Ranjit Singh, petitioner No. 2 used to make forged signature and thereby, the salaries were being drawn. The matter was investigated upon, during which the case was found to be as of mistake of facts. Thereafter a protest petition was filed which was treated to be a Complaint Case being Complaint Case No. 492 of 2009, alleging therein that Smt. Benu Rani was appointed in the year 1984 as Rehabilitation Assistant on temporary basis for a period of six months. Subsequently on 08.01.1990 her services was duly terminated. In spite of that, she continued to draw salary as well as other allowances like a regular employee by playing fraud and making false attendance in connivance with her husband, Dr. Ranjit Singh (petitioner No. 2). The complainant was examined on S.A. wherein he stated that in spite of post being abolished, Smt. Benu Rani continued on the said post and went on drawing salary.
(3.) FURTHER , it was stated that in the attendance sheet firstly initial was made by Dr. Ranjit Singh, husband of Smt. Benu Rani and subsequently over the initial Benu was written and thereby, it is alleged that accused No. 2, Dr. Ranjit Singh committed forgery. The matter was posted for inquiry. During inquiry, witnesses were examined. Thereupon the court vide impugned order took cognizance of the offences which is under -challenge in this application.;