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Patna High Court

DAROGA KUMAR SHARMA @ DAROGA PRASAD SHARMAversusTHE STATE OF BIHAR

Decided
Disposal
DISMISSED

Holding

The application for quashing the order is dismissed as a prima facie case exists and the petitioner’s defence cannot be considered at this stage.

Summary

The petitioner, Daroga Kumar Sharma, filed an application seeking to quash the order dated 08-02-2019 passed by the Sub-Divisional Judicial Magistrate, Munger, which arose from a case investigating alleged forgery of his matriculation certificate. The prosecution, based on a report from the Vigilance Investigation Bureau, claimed that the certificate was fake and that the petitioner had committed forgery. The petitioner contended that he was falsely implicated due to an error by the Bihar School Examination Board and pleaded that he had not committed any forgery. The State of Bihar and the BSEB opposed the quash petition, supporting the lower court's order. After reviewing the record, the High Court observed that a strong prima facie case existed for framing charges and that the petitioner’s defence could not be entertained at this interlocutory stage, consequently dismissing the application and directing the lower court to proceed with the trial.

Issues considered

  • What is the appropriateness of entertaining a petition for quashing an order at the stage when a prima facie case for charge framing exists?
  • Whether the petitioner’s defence can be considered at the interlocutory stage of a quash petition?

Subjects

  • quash petition
  • forgery
  • fake educational certificate
  • prima facie case
  • criminal procedure
  • Bihar School Examination Board
  • charge framing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33041 of 2019
                    Arising Out of PS. Case No.-70 Year-2018 Thana- SANGRAMPUR District- Munger
                 ======================================================
                 DAROGA KUMAR SHARMA @ DAROGA PRASAD SHARMA Son of
                 Siyaram Sharma Resident of Village-Itwa Gauravdih, P.S.-Tetiya Bamber
                 (Sangrampur), District-Munger.
                                                                       ... ... Petitioner/s
                                                Versus
           1.     THE STATE OF BIHAR Bihar
           2.     Bihar School Examination Board through its Secretary, Patna. Patna.
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ram Sevak Choudhary
                 For the Opposite Party/s :      Mr. Ajay Mishra
                 For the BSEB             :      Mr. P.K. Shahi, Sr. Adv.
                                                 Mr. Gyan Shankar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   29-01-2026                    Heard the parties.

                                2. This application has been filed for quashing the

                   order dated 08.02.2019 passed by the learned SDJM, Munger in

                   Sangrampur P.S. Case No. 70 of 2018.

                                3. As per the prosecution case, the Sub-Inspector of

                   Police, Vigilance Investigation Bureau, Camp, Munger has

                   submitted a written report before the SHO of Sangrampur Police

                   Station that on direction of this Court, investigation/verification

                   of educational certificate of teachers who were appointed after

                   2006 was done. In the verification process, the matriculation

                   certificate of the petitioner was found fake and it is alleged that

                   he has done forgery in the same.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner has falsely been implicated in this case as he

                   has done no forgery and the petitioner is suffering because of
          Patna High Court CR. MISC. No.33041 of 2019(3) dt.29-01-2026
                                                      2/2




                    the mistake done by the Bihar School Examination Board.

                                 5. Learned APP for the State and the learned counsel

                    for the BSEB have opposed the prayer of the petitioner and have

                    supported the impugned order.

                                 6. I have heard and considered the submission of the

                    parties.

                                 7. Upon perusal of the materials available on record, it

                    appears that strong prima facie case has been found by the Court

                    below for framing of charge. The petitioner wants this court to

                    consider his defence at this stage which is not permissible in

                    law.

                                 8. Accordingly, this application is dismissed.

                                 9. The Court below is directed to proceed with the

                    case.

                                 10. Let a copy of this order be communicated to the

                    Principal District and Sessions Judge, Munger through FAX for

                    its compliance.



                                                                 (Sandeep Kumar, J)
Vikas/-

U


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