Judgment

B.K. PATEL, J.

Petitioner has assailed, in this revision, legality of order dated 29.4.2008 passed by learned S.D.J.M, Sadar, Cuttack in G.R. Case No. 1126 of 2007 taking cognizance of commission of offences under Sections 420, 468 and 471 of the Indian Penal Code (for short the I.P.C.) and issuing process against her for appearance as accused in court.

2. G.R. Case No. 1126 of 2007 arises out of C.I.D. CB, P.S. Case No. 35 of 2007 and Lalbag P.S. Case No. 140 of 2007. Initially, Lalbag P.S. Case No. 140 of 2007 was registered on 20.9.2007 against the petitioner on receipt of First Information Report (for short the F.I.R.) from the Additional District Magistrate, Cuttack alleging commission of offences under Sections 420, 468 and 471 of the I.P.C. The F.I.R. reads as follows:

“OFFICE OF THE COLLECTOR:CUTTACK

No. 3606/Esttt. Dt. 14.09.07

To

The Superintendent of Police,

CUTTACK

Sub: F.I.R. against Smt. Sukanty Choudhury, Addl. Tahasildar (LR), Cuttack under Section 417, 468 and 471 IPC.

Sir,

It is to intimate you that, as per communication received from Govt. in Revenue & D.M Department vide their letter No. 2095/R(CS) Dt.4.9.2007, Smt. Sukanty Choudhury, (LR) Addl. Tahasildar, Sadar, Cuttack has entered into Govt. service through a forged matriculation certificate. Smt. Choudhury has changed her surname from Khuntia to Choudhury through an affidavit before the Court of Executive Magistrate, Jagatsinghpur after her marriage to Sri Debiprasad Choudhury. She has not passed Matriculation Examination in 1972 and thereby committed offence under Section 417, 468 and 471 IPC and is liable thereunder. So Govt. in Revenue & D.M. Department has instructed to file F.I.R. against her.

Attaching herewith, (i) Copy of the age certificate No. 2968 issued by B.S.E. Orissa, Cuttack, (ii) Copy of the mark sheet issued by B.S.E. Orissa, Cuttack and (iii) Affidavit of Smt. Choudhury changing her surname from Khuntia to Choudhury, I am to request you to start criminal case immediately against Smt. Sukanty Choudhury, Addl. Tahasildar, (LR), Cuttack treating this as F.I.R. against her.

An early confirmation in this regard is requested.

Yours faithfully,

ADDL. DISTRICT MAGISTRATE,

CUTTACK

Memo No. _________ /Estt.Dt.

Copy forwarded to the Inspector-in-Charge, Lalbag Police Station, Cuttack for information and immediate necessary action.

ADDL. DIST.MAGISTRATE:CTC.”

Subsequently, investigation of the case was taken over by the C.I.D., Crime Branch and C.I.D. CB, P.S. Case No. 35 of 2007 on 10.12.2007 was registered. On completion of investigation, charge sheet, on receipt of which the impugned order was passed, was submitted against the petitioner in which brief facts of the case were narrated as follows:

“The F.I.R. in gist reveals that Sukanti Chowdhury (LR) Addl. Tahasildar, Sadar, Cuttack has entered into Govt. service through a forged matriculation certificate. Being directed by Revenue land Disaster Management, Department, ADM, Cuttack lodged F.I.R. against Sukanti Choudhury by attaching the copy of age certificate, mark sheet and affidavit reg. change of surname of Sukanty Khuntia to Sukanty Choudhury.

The case was investigated by ASI A.K. Pradhan of Lalbag P.S. initially, then consequent upon office order No. 248/CID, dated 10.12.07 and Cuttack district order No. 3090 dated 13.12.07, the investigation of the case was entrusted to me.

During investigation witnesses were examined, the Tabulation Register of BSE, Orissa and Mark Register of Bajrabudhi Girls High School, Gopinathpur Sasan, Patkura, the Admission Register of St. Joseph’s Girls High School and Bajrabudhi Girls High School, the HSC certificate, Employment exchange card, Appointment order of accd., the HSC certificates of two other girl students of Bajrabudhi Girls High School, Service Book of accd., Proceeding file containing correspondence with Govt. against accd. were seized, opinion of Govt. examiner in respect of forged HSC certificate of accd. was obtained.

As there is prima facie evidence aga