The continuation of criminal proceedings against an individual is an abuse of process when substantiated evidence negates the charges, as affirmed by the High Court.

JUDGMENT :

Mishra, J. The present CRLMC is filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973, assailing the order dated 11.01.2021 passed by the learned J.M.F.C., Hatadihi in G.R. Case No.271 of 2020, whereby cognizance of offences under Sections 420, 468, and 471 of the Indian Penal Code has been taken against the petitioner. It is contended that the charge sheet submitted by the Sub-

Inspector, Nandipada, Police Station does not disclose any material sufficient to justify charges alleged in proceeding against the petitioner.

2. Heard Mr. Banshidhar Satpathy, learned Counsel for the petitioner and Mr. S.N. Biswal, learned Additional Standing Counsel for the opposite parties.

3. Prosecution case in brief devoid of unnecessary details is that one Sunita Datta, a qualified graduate holding a Bachelor of Arts and a Bachelor of Education (B.Ed.) degree, had applied for the post of Sikhya Sahayak (Junior Teacher – Contractual). After due verification of her educational credentials, she was appointed to the post vide Order No.711 dated 16.02.2015 issued by the Collector-cum-Chief Executive Officer, Zilla Parishad, Keonjhar, and was posted at Malliposi Govt. Nodal U.P School, Hatadihi.

While serving in the said capacity, the petitioner was disengaged from service vide letter No.2510 dated 03.09.2021 issued by the District Project Coordinator, (SS), Keonjhar, without affording any opportunity of hearing and without conducting any inquiry, on the ground that the B.Ed. certificate produced by her, purportedly issued by Bundelkhand University, Jhansi was found to be forged. The said disengagement was based on a communication allegedly received from the University.

4. It is submitted that the Bundelkhand University, Jhansi, subsequently issued letters dated 07.09.2020 and 11.11.2020, categorically affirming and conveying that the B.Ed. certificate issued by it was genuine. Despite this, the FIR was lodged by the Block Education Officer, Hatadihi, on 02.09.2020 at Nandipada Police Station continues the proceedings. The relevant part of letter of the BEO, Ghasipura to the IIC, Nandipada Police Station reads as under:

"With reference to the subject cited above, I am to inform you that Smt. Sunita Datta, Jr. Teacher now working at Mallipasi NUPS. Her permanent address is Sunita Datta, W/o-Sashikanta Jena, At-Baniapanka, Po-Padhiaripally, Via-Dhanurjaypur, PS-Soso, Dist-Keonjhar, Mob.No- 9439560916 and Sri Sujit Kumar Mohanty, Jr. Teacher Contractual of Soso Nodal UP School. His permanent address is Sujit Kumar Mohanty,S/O-Ganesh Mohanty, At- Uladi, Po-D.Nandpani, Via-Kamarda, PS-Bhogarai, Dist- Baleswar, Mob. No.-9178158624 had produced fake B.Ed certificates during verification.

So, as per kind order of the Collector-cum-CEO, Zilla Parishad, Keonjhar, I am instructed to lodge FIR against the above teachers as they have submitted forged testimonials during verification. "

Based on the said letter, Nandipada P.S. Case No.114 of 2020 was registered under Sections 420, 468, and 471 of IPC. After investigation, the I.O. submitted the Charge Sheet No. 197 dated 31.12.2020 blissfully ignoring the clarification letter issued by the University. The charge sheet contains the following conclusive remarks.

“On 02.09.2020 at 8.45PM on the written report of Complt. Kshirod Kumar Tripathy, BEO, Hatadihi above noted case was registered and investigated in to. During the course of investigation I visited the spot, examined the complt. and other witnesses and recorded their statements u/s 161 Cr.P.C who well proved the charge U/S 420/468/471 IPC against the accused per