NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 241 of 2021 Order reserved on 14.03.2024 Order pronounced on 31.05.2024

1. Rakesh Kumar Sinha S/o. Shri Sitaram Sinha, Aged about 33 years, R/o. Sarkada, P.S. Pithoura, District Mahasamund (CG)

2. Rajni Sinha W/o. Shri Bhuneshwar, Sinha, aged about 34 years, R/o. Village Amlidih, Police Station and Tahsil Pithoura, District Mahasamund (CG) ---- PETITIONERS Versus

1. State of Chhattisgarh through Station House Officer, Police Station Pithoura, District Mahasamund (CG)

2. Daleshwar Patel S/o. Shri Bhuwan Lal Patel, R/o. Village Arjuni, Post Bodbahal, P.S. and Tahsil Pithoura, District Mahasamund (CG)

--- RESPONDENTS ______________________________________________________

For the Petitioners : Mr. Awadh Tripathi, Advocate For the Respondent/State : Mr. Vivek Sharma, Addl, AG For the Respondent No.2. : Mr. H.S. Patel, with Mr.

Chetan Singh Chouhan, Advocate _____________________________________________________

Hon'ble Shri Justice Narendra Kumar Vyas

CAV Orde r

1. The petitioners have filed present Cr.M.P. under Section 482 of the Code of Criminal Procedure (henceforth “CrPC”) for quashment of Crime No. 11 of 2020 registered at Police Station Pithoura, District Mahasamund as well as criminal proceedings registered in Criminal Case No. 05 of 2021 pending before the Judicial Magistrate, First Class, Pithoura District Mahasamund for the offence under Sections

420,120(B), 467, 468 and 471 of the IPC.

2. The prosecution story, in brief, is that on 23.10.2019 complainant Daleshwar Patel made a written complaint before Police Station Pithoura alleging that the petitioners in collusion with their uncle Vinod Sinha have prepared forged disability certificate and on the basis of said forged disability certificate, they got government job in the School Education Department. Thereafter, the matter was investigated by the police and necessary documents were collected by the prosecution agency wherein it was found that neither Medical Board was conducted at District Hospital Mahasamund from 14/07/2005 to 30/04/2005 nor any disability certificate were issued to the petitioners by the District Hospital Mahasamund. The record of the case would further demonstrate that on 28.12.2019, Civil Surgeon-cum-Chief Hospital Superintendent, District Hospital Mahasamund has informed the in-charge Police Station that the petitioners were directed vide letter dated 18.10.2019 to appear for verification of disability certificate but Rakesh Kumar Sinha has not appeared. The prosecution after investigation during investigation, has found that the petitioners have prepared forged disability certificate and on the basis of said certificate they got government job of Shiksha Karmi Grade-3. Memorandum of the petitioners was recorded under Section 27 of the Evidence Act, thereafter they were arrested by the police on 14.01.2020 in connection with Crime No. 11 of 2020 for the offence under Sections 420 and 120(B)of the IPC, subsequently, offence unfrt Sections 467, 468 and 471 of the IPC was also added. Charge sheets were filed before the Judicial Magistrate, First Class- Pithoura on 11.03.2020.

3. Learned counsel for the petitioners would submit that as per material available on charge sheet as well as statement of concerned doctor, it is quite clear that disability certificate was issued after completion of all formalities then question for preparing of forged document and cheating against the petitioners completely washed out and the charge sheet deserves to be quashed by this Court. He would further submit that the petitioners have received records pertaining to the investigation carried out against the petitioners which will clearly reflect that the Police Station in charge Pithoura has recommended that there is no material against one of accused Vinod Sinha, as such his name should be deleted from the list of accused. He would further submit that the then District Health and Family Welfare Officer, Dr. O.P. Dubey as well as