Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1250 of 2019 Petitioner :- Sajesh Chandra Kumar And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Mishra Counsel for Respondent :- G.A.,Amresh Tripathi
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard Sri Arvind Kumar Mishra, learned counsel for the petitioners, learned A.G.A. for the State-respondent nos.1 and 2, and Sri R.C. Diwvedi, learned counsel for respondent no.3.
The instant petition seeks quashing of the FIR dated 21.12.2018 registered as Case Crime No.233 of 2018, under Sections 419, 420, 467, 468, 471, 409 I.P.C., Police Station Baghauchghat, District Deoria.
A dispute had arisen as regards validity of petitioners' appointment. The petitioners claim that they held requisite qualifications and were validly appointed, whereas the Management disputed the same. The matter was referred to the Joint Direction of Education, Gorakhpur, who passed an order on 27.03.2018 thereby requiring the Manager/Principal to carry out a verification exercise. It appears that an Enquiry Committee was constituted by the Management and on the basis of findings returned in the enquiry, the impugned FIR has been lodged against the petitioners for having submitted forged documents.
Learned counsel for the petitioners submitted that there is no proper verification of the documents and the FIR is also silent as to which document submitted by the petitioners is forged. It has accordingly been contended that the investigating officer, before taking any coercive steps against the petitioners, should get the documents verified from the concerned department so that position is clear as to whether the petitioners had at all used forged documents to secure appointment.
Learned A.G.A. submitted that it is always expected that Investigating Officer in such matters would get verification done properly.
Considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by observing that the investigating officer of Case Crime No.233 of 2018 at Police Station Baghauchghat, District Deoria, before taking coercive action against the petitioners, shall properly verify the authenticity of the qualification documents/caste certificate submitted by the petitioners for seeking appointment from the department concerned.
It is made clear that the above protection would be available if the petitioners fully co-operate in the investigation. It is also made clear that we have neither quashed the FIR nor have stayed the investigation therefore investigation would have to be brought to its logical conclusion.
The petition stands disposed off. Order Date :- 21.1.2019 Ajeet