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Patna High Court

Syed Wakil Ashrafi @ Dr. Md. Wakil AshrafiversusState Of Bihar and Anr

Decided
Disposal
ALLOWED

Holding

The application is allowed and the order of the Sessions Judge dismissing the criminal revision is quashed.

Summary

The petitioner, a college principal, was accused by a former student of issuing a forged mark‑sheet that allegedly caused the student to lose admission after a delayed result publication. The complaint led to criminal proceedings under IPC sections 420, 467, 468 and 471, which were later dismissed by the Sessions Judge. The petitioner filed an application to quash that dismissal, arguing that the mark‑sheet was genuine, the Bihar School Examination Board affirmed its authenticity, and the complainant had no specific allegation of forgery. The court examined the complaint, witness statements, and the Board’s counter‑affidavit, finding no material discrepancy between the alleged forged copy and the original record. It held that the allegations did not disclose any prima facie case of cheating or forgery. Relying on the Supreme Court’s principles in State of Haryana v. Bhajan Lal, the court concluded that the criminal revision was an abuse of process. Consequently, the order dismissing the revision was quashed.

Issues considered

  • Whether the allegations of forgery and cheating under IPC sections 420, 467, 468 and 471 disclose a prima facie case against the petitioner.
  • Whether the criminal revision proceeding should be quashed on the ground of lack of evidence and abuse of process.

Legislation cited

Subjects

  • forgery
  • cheating
  • criminal revision
  • quash
  • examination board
  • mark‑sheet
  • abuse of process
  • result delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31161 of 2016
                   Arising Out of PS. Case No.-1485 Year-2011 Thana- SITAMARHI COMPLAINT CASE
                                                    District- Sitamarhi
                 ======================================================
                 Syed Wakil Ashrafi @ Dr. Md. Wakil Ashrafi Son of Syed Jabbar Asharfi
                 resident of Bibipur, PS - Kako, District - Jehanabad, State - Bihar.

                                                                              ... ... Petitioner/s
                                                    Versus
           1.    State Of Bihar
           2.    Randeep Kumar Son of Shiv Shankar Mandal resident of Village - Rewasi,
                 PS - Riga, District – Sitamarhi.
           3.    Bihar School Examination Board, Patna through its Chairman

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Ashhar Mustafa
                 For the Opposite Party/s :    Mr. Sri Uday Chand Prasad
                 For the BSEB             :    Mr. Girijesh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

9   08-01-2026                  Heard the learned counsel for the petitioner, the

                   learned counsel for the State and the learned counsel for the

                   BSEB.

                                2. This application has been filed for quashing of the

                   order dated 26.05.2016 passed by the learned Sessions Judge,

                   Sitmarhi dismissing the Cr. Rev. No. 50 of 2016 preferred

                   against the order of cognizance dated 08.02.2016 (Mistakenly

                   typed as 08.02.2015) passed by the learned S.D.J.M, Sadar,

                   Sitamarhi under Sections 420, 467, 468, 471 IPC against the

                   petitioner and others in Trial No. 2397 of 2016 arising out of

                   Complaint Case No. C1-1485 of 2011.
Patna High Court CR. MISC. No.31161 of 2016(9) dt.08-01-2026
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                       3. The prosecution case, in brief, is that the

          complainant has alleged that he was the student of the college

          for the Sessions 2009-11. The petitioner has issued provisional

          Admit Card to the complainant for his appearance in the

          concerned       examination.        The      complainant   has   suffered

          irreparable loss on account of extraordinary delay in publishing

          his result. It is further alleged that the complainant made request

          with the petitioner and other accused persons for publication of

          his result; but no action was taken. It is further alleged that the

          complainant participated in counselling process for admission

          after getting success in the entrance examination, 2011. During

          the counselling process, the mark sheet given to the complainant

          by the petitioner who was the Principal of the College, was

          found to be forged at the time of counselling on account of

          which, the complainant could not get admission.

                       4. The learned counsel for the petitioner has submitted

          that although in the complaint petition, it has been alleged that

          the copy of the mark sheet issued by the Board and certified by

          the College is forged, neither the complainant on nor any of the

          enquiry witnesses have so suggested. Their statements rather

          show that the complainant was merely aggrieved by the delayed

          publication of his result. He further submits that if the
Patna High Court CR. MISC. No.31161 of 2016(9) dt.08-01-2026
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          statements of the complainant and the enquiry witnesses are to

          be believed, no offence either of cheating or forgery is attracted

          against the petitioner or even others under the present

          circumstances.

                       5. The learned counsel for the petitioner has further

          submitted that even on a prima facie comparison of the alleged

          forged certified copy of mark sheet enclosed with the complaint

          petition with the copy of original mark sheet available in the

          record of the Board/College, one can hardly notice any material

          difference between the two and, as such, the claim of

          issuance/certification of allegedly forged mark sheet has no legs

          to stand upon and is completely without basis.

                       6. The learned counsel for the petitioner has further

          submitted that when the issuing Board and the concerned

          College is repeatedly affirming the genuineness of the mark-

          sheet, it is sheer bankruptcy of the O.P. No. 2 to claim it to be

          forged especially when it is learnt that on the strength of the

          same mark-sheet, the O.P. No. 2 has already been admitted in

          some engineering college at Hyderabad. He further submits that

          the present case is nothing but an abuse of the process of law by

          misleading the Court and such frivolous and malicious

          prosecution cannot be allowed to continue.
Patna High Court CR. MISC. No.31161 of 2016(9) dt.08-01-2026
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                       7. The learned APP for the State has opposed the

          prayer of the petitioner.

                       8. The learned counsel for the BSEB by relying on the

          counter affidavit has submitted the allegation of the O.P. No. 2

          regarding issuing of forged mark-sheet is completely false and

          baseless.

                       9. I have heard and considered the materials on

          record, including the complaint petition, statements of the

          complainant and enquiry witnesses, and counter affidavit filed

          by BSEB.

                       10. The complainant and witnesses merely express

          grievance over delayed result publication, with no specific

          averment that the mark-sheet issued/certified by the petitioner

          was forged. Prima-facie comparison reveals no material

          discrepancy between the alleged forged copy and original

          Board/College         records.     BSEB       affirms   the   mark-sheet's

          genuineness, and Opposite Party No. 2 has secured admission in

          an engineering college at Hyderabad on its strength. No

          ingredients of cheating or forgery are prima facie disclosed

          against the petitioner.

                       11. Considering the law laid down by the Hon’ble

          Supreme Court in the case of State of Haryana & Ors V/s
            Patna High Court CR. MISC. No.31161 of 2016(9) dt.08-01-2026
                                                        5/5




                      Bhajan Lal & Ors, 1991 Supp (1) SCC 335, the present

                      application is allowed. Accordingly, the order dated 26.05.2016

                      passed by the learned Sessions Judge, Sitmarhi dismissing the

                      Cr. Rev. No. 50 of 2016 and all the consequential proceedings

                      arising out of Complaint Case No. C1-1485 of 2011 are hereby

                      quashed.



                                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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