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PRABHAT KUMAR SINGH
Jitendra Nath – Appellant
Versus
State of Bihar – Respondent
PRABHAT KUMAR SINGH, J.:–This application has been filed for quashing of order dated 01.08.2017 passed by Additional Chief Judicial Magistrate, Sitamarhi in Parihar PS Case No. 23 of 2016 corresponding to Trial No. 3616 of 2018 whereby and whereunder the court below has been pleased to take cognizance of offence punishable under Sections 409, 467, 468, 471 and 120B/34 of the Indian Penal Code against the petitioner.
2. Prosecution case in brief is that this petitioner along with other four named accused persons obtained appointment on the basis of forged and fabricated educational certificates. On the basis of aforesaid written application Parihar PS Case No. 23 of 2016 for offence under Sections 467, 468, 471, 409, 120B/34 of the Indian Penal Code was registered and after investigation charge-sheet was submitted and cognizance for offence under Sections 409, 467, 468, 471, 120B/34 of the Indian Penal Code was taken against the petitioner and others.
3. It is submitted on behalf of petitioner that petitioner was appointed after following due courses of law and joined his duty on 21.12.2006. He was working as an Assistant Teacher, Middle School, Daraharwa falling within Parihar Block
A person can be held liable for forgery and cheating if they collude in the creation and use of a forged document, even if they are not the direct maker of that document.
An appointment secured through fraudulent means, such as a forged educational certificate, is void ab initio, and the individual is not entitled to any employment benefits or protections under the la....
The court emphasized that a female applicant with fair antecedents, having allegedly been a victim of circumstance, qualifies for bail despite serious allegations.
The continuation of criminal proceedings against an individual is an abuse of process when substantiated evidence negates the charges, as affirmed by the High Court.
An appointment secured through fraudulent documents is void ab initio, and no formal inquiry is required for cancellation; fraud vitiates all actions taken under such circumstances.
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