This application under Section 482 of the Code of Criminal Procedure (for short ‘CrPC’) is directed against the order dated 4th July, 2015 passed by the learned Judicial Magistrate, 1st Class, Sitamarhi in connection with Complaint Case No.169 of 2015 whereby summons have been directed to be issued against the petitioner and two other accused after finding a prima facie case to be made out under Sections 418 and 465/34 of the Indian Penal Code (for short ‘IPC’).

2. The prosecution story, in brief, instituted on the basis of the complaint petition dated 7.2.2015, is to the effect that applications were invited for selection on the post of Anganbari Sewika in the Gram Panchayat Raj Hari Chapra with regard to village Bhavprasad, Ward No.5, wherein besides the Complainant and accused no.3 Usha Kumari, five other candidates had applied. It is alleged that the accused Usha Kumari had submitted her Certificate of having passed the Madhyama examination along with her application, on the basis of which Final Merit List was published. In the Final Merit List, the name of the Complainant figured at serial No.1 and her percentage was 58.57% while the accused Usha Kumari was given 52.57%. It is then alleged that after publication of Final Merit List, all the three accused persons including the petitioner entered into a conspiracy and violated the procedures and rules of selection of Anganbari Sewika and after tampering with the government documents, the accused Usha Kumari was selected on the post of Anganbari Sewika and this was done by the accused no.2 Bhavani Kumari on the directions of accused no.1 Bala Kant Pathak, District Programme Officer, Sitamarhi and a Second Merit List was published on 4.2.2015, in which name of the accused Usha Kumari figured at serial no.1 and then steps were taken for her appointment.

3. It is further alleged that the accused no.1 and the accused no.2 had demanded illegal gratification of rupees fifty thousand from the Complainant and when the same was not given, the accused no.1 and the accused no.2 misbehaved with the Complainant and used unparliamentary language and behaved in a vulgar manner.

4. On the basis of the aforesaid allegation it was prayed by the Complainant-opposite party no.2 that her complaint petition be forwarded under Section 156(3) of the CrPC to the officer-in-charge of the Dumra Police Station.

5. It is submitted by Mr. Awadhesh Kumar, learned counsel for the petitioner that on the basis of such complaint and on the basis of three witnesses, out of whom one being husband of the Complainant and the other being a resident of a different village, the jurisdictional Magistrate found a prima facie case to be made out under Sections 418 and 465/34 of the IPC and directed for issuance of summons against the accused persons including the petitioner. He has submitted that the petitioner has been implicated only with malice and vendetta after the Complainant could not be selected for the post in question.

6. It is submitted that the Complainant was a candidate for the post of Anganbari Sewika along with accused no.3 Usha Kumari. It is true that the said Usha Kumari had failed to submit any certificate with regard to having passed the Intermediate Examination and also could not submit any objection in this regard, due to which marks were not awarded to her initially for having passed Intermediate Examination. However, the said Usha Kumari had submitted one application before the petitioner in this regard and on the application submitted by Usha Kumari, the petitioner, being the Programme Officer, forwarded letter no.243 dated 3.2.2015 to the Child Development Project Officer, Dumra to do the needful and also directed to add her marks after verifying her Intermediate Examination Certificate. He has submitted that in pursuance to letter no.243 dated 3.2.2015, the Child Development Project Officer, Dumra issued letter no.105 dated 4.2.2015 to the petitioner and intimated that the Intermediate E