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2022 Supreme(Pat) 423

PRABHAT KUMAR SINGH
Jitendra Nath – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Anuj Kumar.
For the Opp. Party : Mr. Ajay Mishra.

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

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