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RAJIV ROY
Birendra Singh – Appellant
Versus
State of Bihar – Respondent
Rajiv Roy, J. – Heard the parties.
2. The present petition has been preferred for quashing of the order dated 10.12.2014 passed by the learned Chief Judicial Magistrate, Bhabhua (Kaimur) in Chainpur P.S. Case No. 184 of 2012 (arising out of G.R. No. 1728 of 2012) by which cognizance was taken for the offences under Sections 420, 467, 468, 469, 471 and 34 of the Indian Penal Code against the petitioners.
3. The prosecution story, in brief, is that the informant namely, Gopal Saha, the Block Development Officer, Chainpur, Kaimur issued a letter bearing No. 1491 dated 20.10.2012 addressed to the Officer in-charge of Chainpur Police Station, Chainpur alleging therein that during the Inspection of Schools, it transpired to the Informant that several persons have been appointed on the basis of forged signature of the informant in the said schools and details were given in the F.I.R.
4. It has further been alleged that with regard to the aforesaid incident, explanation was called for from the concerned Head Masters who submitted their respective replies stating therein that they had already informed in this regard to the Ex-Block Education Officer, Shri Birendra Singh. It has further been al
A court exercising its equitable jurisdiction will not exercise such jurisdiction when a prima facie view of fraud has been opined by an expert and a properly constituted criminal trial is required.
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....
Point of Law : High Court cannot interfere with investigation in exercise of its power under Section 482 Cr.P.C.
The main legal point established in the judgment is the void ab-initio nature of the appointment based on forged and fabricated documents, leading to the termination of the petitioner's services.
Fraudulent appointments based on forged documents create no equity for the appointee, allowing for cancellation by the employer.
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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