Point of Law : High Court cannot interfere with investigation in exercise of its power under Section 482 Cr.P.C.

JUDGMENT :

Heard Mr. I A Hazarika, learned counsel for the petitioners. Also heard Mr. S Borthakur, learned counsel, Mr. A Deka, learned counsel representing respondent No. 2 and Mr. B Sarma, learned Addl. P.P., Assam.

2. The two petitioners have filed the present application under Section 482 Cr.P.C. praying for quashing the FIR dated 07.08.2019 being registered as Lanka P.S. Case No. 371/2019 under Sections 406/471 IPC read with Section 3 (U) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989.

3. The FIR so registered reflects the followings:

I. The informant, Sri Modhu Baul has been working as assistant teacher since the year 1986 at Moulana Abdul Hannan Khan High School.

II. On 30.09.2016, the then In-charge headmaster of the school, namely, Idris Ali Oheb (petitioner No. 1) retired from the school.

III. On his retirement the petitioner No. 1 ought to have been handed over the charge of the Principal as per Rule to the informant being the senior most teacher.

IV. However, he has handed over the charge of the headmaster to another assistant teacher junior to the informant, namely, Afaz Uddin (petitioner No. 2) and the said Afaz Uddin was having a fake B.Ed. degree.

V. The said Afaz Uddin after taking over the post of headmaster through backdoor started filing different false cases and tried to mentally pressurize the informant.

VI. The informant had failed to get any response from the Inspector of Schools, Deputy Commissioner of Hojai and the Directorate of Secondary Education even after due application.

VII. On 30th of May, the retired head teacher informed him that the informant was not given the promotion for the reason of he being a person from Schedule Caste community. The informant further alleges that the said retired headmaster used slang languages against him alleging that he is a man from Schedule Caste etc.

VIII. Such FIR was lodged on 03.07.2019 that is after three years from the date of incident.

4. The admitted position in the present proceeding is that the informant has not lodged the information before the police as FIR, rather the same was filed before the Director, Department of Welfare of Plain Tribes & Backward Classes for redressel of his grievances. On receipt of such complain, the Director forwarded the same to the SP, Hojai by putting a note on the body of the complaint filed by the informant and the SP, Hojai directed the concerned O/C to register a case and accordingly the FIR was registered.

5. The other undisputed fact is that when the informant was not given the charge of the headmaster by the petitioner No. 1 as alleged in the FIR, the informant also preferred a writ petition being WP(C) 9406/2019 challenging such action on the part of the present petitioner No. 1, inter-alia, alleging that the petitioner No. 2 herein is having no valid B.Ed. degree and is also junior to the informant. In the said proceeding, the learned standing counsel, Education Department took a stand that an enquiry has already been initiated on the issue of certificate of the respondent No. 5 therein/ petitioner No.2 herein.

6. And accordingly on the basis of such submission, this court under its order dated 20.12.2019 disposed of the said writ petition giving liberty to the respondent Education Department to have the enquiry to find out as to the eligibility of the candidates including the present informant and the present accused No. 2 for promotion to the post of headmaster. A period of two months was granted to complete the said enquiry.

7. Subsequent to the said order, the Director of Secondary Education, Assam passed an order after an enquiry, inter-alia, holding as follows:

“The Controller of Examination, Gauhati University, vide his letter No. GU/CON/Verification/2019/1146, dated 29.01.2019 authenticated the B.Ed. certificate issued by the said authority bearing Roll No. 1743 of the year August, 2015 in respect of Afaz Uddin as correct. The said letter of the Controller of Examination, Gauhati Universi