Prima facie evidence of forgery based on official statements and expert reports is sufficient to take cognizance of the offense.

JUDGMENT

(Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records and quash the case in C.C.No.3221 of 2019 in the Court of the learned Metropolitan Magistrate for the Exclusive Trial of C.C.B.(Relating to Cheating Cases in Chennai) and C.B.CID Metro Cases, Egmore, Chennai in Crime No.198 of 2017 on the file of the 1st respondent.)

1. The petitioner herein, a retired Associate Professor from Sri Theagaraya College, Chennai, is the first accused in C.C.No.3221 of 2019 (on the file of Special Court for the Exclusive Trial of CCB, investigated by C.B.CID Metro Cases, Egmore).

2. The gravamen of the charge against him is, he for securing the post of Assistant Professor manipulated and fabricated his marks sheet of his M.Sc (Botony) issued by Annamalai University, in connivance of the second and third accused.

3. Based on the statement of marks alleged to have been issued by Annamalai University on 31/08/1984 carrying Folio No.97 and Registration No.4205, showing that he has secured an aggregate of 829, marks out of 1200, his appointed as Lecturer in Sri Theagaraya College was approved by the University of Madras vide letter dated 02/03/1990. Later, in the year 2009, when one Rajesh, Librarian of the said college sought for the marks detail of the petitioner under RTI, the Annamalai University confirmed that the petitioner has secured 829/1400 in his M.Sc Examination. However, on the persistent complaints by Rajesh alleging the M.Sc marks statement produced by the petitioner is a fabricated document and on Court intervention, the Director of Collegiate Education, requested the Registrar, Annamalai University to verify the marks statements of N.Veerappan (the petitioner herein) and confirm its genuineness. In response, the Registrar, Annamalai University had informed, vide his letter dated 09/12/2009, that on verification of records, it is confirmed that Veerappan studied M.Sc (Botany) through on campus programme during 1978 – 1981. He had scored 829/1400 marks. Again, the Director of Collegiate Education on the request made by the Sub-Inspector, CCB – Chennai, in his letter dated 09/07/2016, requested the Annamalai University and the Madras University to verify the genuineness of the educational certificates of the Veerappan and report.

4. The Registrar(i/c), Annamalai University in his letter dated 14/06/2017 had informed that on verification Examination Mark Ledger, it is found that Veerappan secured only 729 marks out of 1400 marks. The statement of marks he secured in each subject also furnished. The Fact Finding Committee constituted by the Madras University gave a report with similar finding. As a result, the Director of Collegiate Education gave a written complaint dated 01/07/2017 to CCB-1, Chennai. The complaint culminated in filing of final report against Veerappan (the petitioner herein), Meenakshi Sundaram (Controller of Examination Annamalai University-turned approver), Rathina Sabapathi (Registrar of Annamalai University) and Kalyana Sundaram (Deputy Controller of Examination, Annamali University) for offences under Sections 465,468,471,420 IPC r/w 109 and 34 of IPC and the same was taken cognizance by the Metropolitan Magistrate, designated to try cases investigated CCB.

5. N. Veerappan, the petitioner herein, is before this Court through this petition to quash the case in C.C.No.3221/2019 on the ground that, the final report lacks prima facie material to take cognizance. Learned counsel appearing for the petitioner submitted that, the petitioner joined service in the year 1986 as Lecturer on completion of M.Sc degree(Botany) from Annamalai University in the year 1984. He later acquired M.Phil and P.hd degrees from Madras University. He has put up unblemish service through out as Lecturer, Assistant Professor and Associate Professor. In the year 2004, he was made the Head of Mircro Biology Department. When the post of Principal in Sri Teyagaraya College fell vacant during the