Patna High Court
JATADHARI MAHTOversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The prosecution cannot continue once the appellate authority has held the experience certificate genuine; the FIR and all consequential proceedings are quashed.
Summary
The petitioners, four former teachers, filed an application to quash the order of cognizance dated 24‑06‑2019 taken by the Additional Chief Judicial Magistrate, Munger, in a case alleging forgery of their experience certificates under IPC sections 420/34, 467, 468, 471 and 120B. The FIR was based on a vigilance report that claimed the certificates were forged, leading to termination of their services. The petitioners contended that the certificates were genuine, having been issued by the District Jan Shiksha and verified during their appointments, and that they were denied a fair enquiry before the FIR was lodged. The District Appellate Authority, after reviewing the records, held the certificates to be genuine and ordered reinstatement of the petitioners. The High Court held that once an appellate authority has declared the certificate genuine, the prosecution cannot continue, and therefore quashed the FIR and all subsequent proceedings. The application for quash was allowed.
Issues considered
- The FIR alleging forgery of experience certificates can be sustained despite the appellate authority’s finding of genuineness.
- Whether the High Court can quash the order of cognizance and the FIR at the stage of taking cognizance.
- Whether the petitioner’s right to a fair enquiry was violated.
Legislation cited
- Indian Penal Code — s. 120B, 34, 420, 467, 468, 471
Subjects
- forgery
- experience certificate
- quash of FIR
- criminal procedure
- appellate authority
- vigilance investigation
- employment law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59091 of 2019
Arising Out of PS. Case No.-162 Year-2017 Thana- ASARGANJ District- Munger
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1. JATADHARI MAHTO S/O Ghuto Mahato R/O Jalalabad, P.S. Asarganj,
District- Munger.
2. Md wayzul Haque S/o Md Anisul Haque R/o Village Purani Bazar Tarapur,
P.O. Tarapur, P.S. Tarapur, District- Munger.
3. Ram Prasad Singh S/o Dhaneshwar mandal R/o Village Berain, P.O.
Chorgaon, P.S. Chorgaon, District- Munger.
4. Raj Kapoor Nirala S/O Ganga yadav R/O Village Ganw Amaia, P.S. Amaia,
District- Munger.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The Vigilance Investigation Bureau ,camp,patna bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Bhushan Kumar, Advocate
For the Opposite Party/s : Mr.Ajay Mishra,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 20-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. This application has been filed for quashing the
order taking cognizance dated 24.06.2019, passed by the Court
of Addl. Chief Judicial Magistrate, Second Munger in
connection with Asarganj P.S. Case No. 162 of 2017, whereby
and where under cognizance has been taken for the offences
under Sections 420/34, 467, 468, 471, 120B of the Indian Penal
Code.
3. The prosecution story is that pursuant to the
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order of this Court passed in C.W.J.C. No.15759 of 2014, the
educational qualification and experience certificates of all the
teachers who were employed till 2006 were verified. Upon
verification, the experience certificate of the petitioner was
found forged. Accordingly, the F.I.R. was lodged against the
petitioner.
4. Learned counsel for the petitioner submits
that the petitioner was working as a Shiksha Sevi in Special
Education from 18.03.2000 to 31.03.2001 and her experience
certificate had been issued by the District Jan Shiksha, Munger
and she was being paid the remuneration by the State
Government for her services as Shiksha Sevi. Thereafter, the
petitioner was appointed as Panchayat Teacher and in the said
appointment she was given weightage for the services rendered
by her as Shiksha Sevi and accordingly, the petitioner
discharged her duty to the satisfaction of the authority
concerned and her certificate was verified by the authorities
concerned and was found genuine then only her salary was
issued.
5. Learned counsel for the petitioner also
submits that suddenly an FIR was lodged against the petitioner
on the basis of a report submitted by the District Program
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Officer, Shakshitra, Munger to the Vigilance Investigation
Bureau, in which it was mentioned that the certificate issued by
the authority on the basis of second issuing register, the
recognition has been cancelled on 14.10.2014 but the certificate
has been issued to the petitioner in the year 2008 and she was
appointed in the year 2010. The petitioner had been appointed as
an untrained teacher and additional experience of teaching is
genuine and legal as she had received those certificates after
attending training as part time and special training conducted by
the training school against that she had received salary/
remuneration through the Bank.
6. It has been submitted by learned counsel for
the petitioner that the petitioner was employed after following
due process of law but without any proper enquiry, the
experience certificate of the petitioner has been held forged and
illegal though it is apparent from the letter issued by the training
school that the petitioner had attended training and received
salary/remuneration by the Department concerned. However,
without giving any opportunity to the petitioner, the FIR was
lodged and letters were issued to stop the petitioner from
discharging her duties which is not sustainable in the eye of law.
7. It has been argued by learned counsel for the
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petitioner that on the basis of the report of the District
Programme Officer, the Vigilance Department lodged this FIR
and the Department issued the termination letter to the
petitioner. Against, the termination order, the petitioner filed
Appeal Case No.35 of 2018 before the District Appellate
Authority. The Appellate Authority, after hearing the parties and
on perusal of the records, came to the conclusion that the
experience certificate of the petitioner is genuine and valid and
accordingly, direction was issue to reinstate the petitioner in
service.
8. Learned APP for the State opposed the
application and submitted that this Court may not interfere at the
stage of cognizance as the petitioner may raise all the grounds at
the stage of framing of charge.
9. I have considered the submissions advanced
on behalf of the parties. The very basis of lodging the F.I.R. is
that the experience certificate of the petitioner was found to be
forged. Subsequently, the District Appellate Authority, Munger
in Appeal Case No.35 of 2018 and other analogous cases has
held that the experience certificate of the petitioner is genuine
and valid. In these circumstances, I am of the view that the
prosecution of the petitioner cannot continue once the
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experience certificate has been found to be genuine by the
Appellate Authority.
10. In view of the aforesaid facts, this
application is allowed. Accordingly, the F.I.R. vide Asarganj P.S.
Case No. 162 of 2017 and all consequential proceedings arising
out of the aforesaid F.I.R. including the order taking cognizance
dated 24.06.2019 passed by the Magistrate are hereby quashed.
(Sandeep Kumar, J)
tusharika/-
U
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