The legality of the investigation and the sufficiency of evidence to frame charges were central to the judgment.

Hemant Kr. Srivastava, J, -This petition under Section-482 of the Cr.P.C. has been filed for quashing the order dated 22-11-2008 passed by learned Additional Sessions Judge-1st-cum-Special Judge, SC/ST, Patna in Special Case No. 14 of 2005 whereby and where under he refused to discharge the petitioner from the above said case and fixed the case for framing of the charge against the petitioner.

2. The brief facts of the case are that, one Ramesh Kumar Singh, Inspector of Police-.cum-Officer-in-charge. Harijan Police Station, Patna recorded his self statement on 19-12-1998 to this effect that petitioner's father, namely, Karu Singh was BHUMIHAR by caste and had married with a lady of his own caste but after death of his first wife, he again married with one, Sundari Devi of village-Sultanpur. The aforesaid Sundari Devi was a member of Schedule Caste community and by caste she was a Dusadhand out of the aforesaid wedlock, 5 children including the petitioner were born. The petitioner got admitted himself and studied in upper school, Sultanpur, Mokama High School and Patna Science College as we'll as Darbhanga house, Patna on the basis of fake caste certificate. He received scholarship and further on the basis of fake and fabricated Caste Certificate, he got appointed himself as Deputy Collector against reserved quota of Schedule Caste Community. The petitioner had attached the fake certificate of Schedule Caste Community along with his application which had been filed by him for competitive examination. In enquiry, it came to light that the petitioner was not brought up and educated in the family and environment of his mother who belonged to Schedule Caste Community and furthermore, it came to light that on the basis of forged certificate of Schedule Caste Community, he not only got admitted himself in educational institution and obtained scholarship but also got Government employment against the reserved quota of Schedule Caste Community.

3. On the basis of self-statement of aforesaid Ramesh Kumar Singh, formal FIR under Sections-419, 420, 465, 467, 468, 471, 474, 120-B of the Indian Penal Code and 3(i)(xi), 3(ii)(vii) of SC/ST (Prevention of Atrocities) Act was registered against the petitioner.

4. The matter was investigated by the police and after investigation, charge-sheet against the petitioner for the above-said offences, was submitted and after submission of charge-sheet, cognizance of the offences was taken on 29-04-2004 and the case was committed to the Court of Sessions for trial. Subsequently, the case was sent to the Court of Additional Sessions Judge 1st-cum-Special Judge, Patna.

5. On 17-01-2007, a petition under Sectiun-227 of the Cr.P.C. was filed before the learned Additional Sessions Judge-1st-cum-Special Judge, Patna alleging therein that no case is made out "against the petitioner but learned Additional Sessions Judge-1st-cum-Special Judge, Patna rejected the aforesaid petition passing the impugned order dated 22-11-2008 which is under challenge before this Court.

6. It is relevant to mention here that earlier Cr. Misc. No. 3976 of 1999 was filed on behalf of the petitioner under Section482 of the Cr.P.C. before this Court for quashing the FIR of present case but the aforesaid Cr. Misc. No. 3976 of 1998 was dismissed with certain observations and directions vide order dated 10-08-1999. The petitioner challenged the order dated 10-08-1999 passed in Cr Misc. No. 3976 of 1999 before the Hon'ble Supreme Court by filing Special Leave to Appeal (Criminal) No. 3485 of 1999 and the aforesaid Special Leave to Appeal (Criminal) was dismissed as withdrawn by the Hon'ble Supreme Court of India vide order dated 17-07-2000.

7. Again, when after investigation, police submitted charge-sheet and cognizance was taken" by the learned Court below, the petitioner preferred Cr. Misc. No. 32647 of 2004 before this Court under Section-482 of the Cr.P.C. for quashing the cognizance order dated 19-07-2004 passed by learned Addition