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2016 Supreme(Pat) 547

ASHWANI KUMAR SINGH
Bala Kant Pathak – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Awadhesh Kumar
For the Opposite Party : Mr. Alok Kumar, Mr. Birendra Kumar
For the State : Smt. Asha Kumari

JUDGMENT :

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 52.5






































































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