Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34376 of 2018 Petitioner :- Pravesh Kumari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Irfan Ali,Pankaj Kumar Govil Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Pankaj Kumar Govil for the petitioner and A.G.A. for the State.
The writ petition has been filed for quashing the F.I.R. dated 13.10.2018 registered as Case Crime No.750 of 2018, under Sections 419, 420, 467, 468, 471 IPC, P.S. Kosikala, district Mathura.
In substance the allegation in the F.I.R. is that the petitioner secured joining on the post of Assistant Teacher in Primary School, Tamaura-Chhata, district Mathura and on that post she worked in the school as Assistant Teacher for a period of about 11 months, on the basis of forged papers.
The counsel for the petitioner submits that the F.I.R. was lodged by Suresh Chand, Incharge Headmaster of the School, who had already been suspended on the date of lodging of F.I.R. It was the duty of Suresh Chand to get verified the documents produced by the petitioner before her joining. He failed in his duty as such he was suspended and in order to save himself he has lodged this F.I.R. on false allegations.
We have considered the arguments of the counsel for the petitioner and perused the material on record.
A perusal of the F.I.R. shows that it is specific in allegation that the petitioner has secured joining by producing fake papers before the Incharge Headmaster, who failed to get those documents verified from the office of Basic Shiksha Adhikari concerned. The failure of the Incharge Headmaster to get the documents verified will not obliterate the offence of the petitioner. Thus, F.I.R. is not liable to be quashed at this stage.
However, in case the petitioner surrenders and applies for bail before the court below, her bail application shall be decided expeditiously.
With the aforesaid observation the writ petition is disposed of.
Order Date :- 29.11.2018 mt