THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2843 of 2024 (In the matter of an application under Section 482 of the Code of Criminal Procedure, 1973)

Debasis Senapati ……. Petitioner -Versus-

State of Odisha and Another ……. Opp. Parties For the Petitioner : M/s. Banshidhar Satapathy, S. Satapathy and B.N. Parida, Advocates For the Opp. Parties : Mr. S.N. Biswal, Additional Standing Counsel CORAM:

THE HONOURABLE SHRI JUSTICE SIBO SANKAR MISHRA Date of Hearing: 08.04.2025 :: Date of Judgment: 05.05.2025 S.S. Mishra, J. The present CRLMC is filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973, assailing the order dated 04.01.2021 passed by the learned SDJM, Keonjhar in G.R. Case No.1217 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 IIC, Turumunga Police Station does not disclose any material sufficient to justify charges alleged in proceeding against the petitioner.

2. Heard Mr. Banshidhar Satapathy, 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 Debasis Senapati, a qualified graduate holding a Bachelor of Science and a Bachelor of Education (B.Ed.) degree, had applied for the post of Sikhya Sahayak (Junior Teacher – Contractual). After due verification of his educational credentials, he was appointed to the post vide Order No.188 dated 31.03.2018 issued by the Collector-cum-Chief Executive Officer, Zilla Parishad, Keonjhar, and was posted at Nischintapur Project Upper Primary School, Patna.

While serving in the said capacity, the petitioner was disengaged from service vide letter No.2502 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 him, 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, Patna, on 03.09.2020 at Turumunga Police Station continues the proceedings. The relevant part of the FIR reads as under:

"On dtd. 03.09 2020 at 05.00 PM received a letter from Block Education Office Patna, vide letter no 1266 at 03.09 2020 where BEO Patna Shri Purna Chandra Amanta (52) S/O- Manoharı Amanta At Po Kadagarh. PS. Raisuan. Dist- Keonjhar alleged that Shri Debashis Senapati presently working as junior teacher contractual in Nischintpur project upper primary school by producing fake Bed certificate during the time of engagement as communicated by district project coordinator Samagra Sikhya, keonjhar vide letter no. 1855 dt 27.08.2020 The date of first engagement of Shri Senapati is on dt 06-04-2020 and the Bed certificate bearing roll no-042503126 of 2013. Basing on the letter registered PS case No-78 dt 03-09-2020 U/S 420/468/471 IPC and directed S.I.D.D. Modi to take investigation of the case."

As mentioned in the FIR, basing on the said letter, Turumunga P.S. Case No. 78/2020 was registered under Sections 420, 468, and 471 of IPC. After investigation, the I.O. submitted the Charge Sheet No. 01 dated

19.12.2020 blissfully ignoring the clarification letter issued by the University. The charge sheet contains the following conclusive remarks.

"Basing on the written report of complt. Purnna Chandra Amanta (52), S/O-Manohari Amanta, Vill-Kadagarh, PS- Sadar, Dist-Keonjhar, A/P-BEO Patna OIC registered PS Case No. 78, Dt.03.09.2020, U/S 420/468/471 IPC and directed me to take up its invest