The division judge bench of Justice Ajay Rastogi and Justice B.Y Nagarathna of the apex court in the case of Munna Prasad Verma Vs State of U.P and Anr of the apex court disposed of the appeal on the ground that no prima facie evidence on record which implicates the present appellants directly/indirectly connected to the commission of a crime.
BRIEF FACTS
The factual matrix of the case is that Respondent no. 2, complainant, filed an FIR under Sections 419, 420, 467, and 471 IPC against Brijendra Nath Mishra and members of the Selection Committee, who, according to him, sought compassionate appointment based on his forged mark sheet of B.Ed degree, with a further allegation that appointment was in collusion with the officers of the Committee and implicated the present appellants as they were members of the Section Commission.
COURT’S OBSERVATION
The hon'ble court after taking into consideration the facts and circumstances of the present case held that the material on record with their assistance, we are of the view that there is no prima facie evidence on record which implicate the present appellants directly/indirectly connected to the commission of the crime. It is not the case of the respondents that the present appellants, in any manner, have facilitated Brijendra Nath Mishra either in creating or in fabricating the alleged forged degree of B.Ed for seeking a compassionate appointment.
The court further stated that the present appellants are implicated, being the members of the Selection Committee, who relied on the documents placed on record without any verification on the assumption that the documents were genuine, recommended his case for an appointment, and because they are the members of the Selection Committee, that in itself would not, in any manner, implicate them in the commission of a crime, in reference to which the learned Magistrate has taken cognizance and issued summons against them by an Order dated in the instant proceedings, which, in our view, would be nothing but a clear abuse of the process of law.
CASE NAME- Munna Prasad Verma Vs State of U.P and Anr
CITATION- CRIMINAL APPEAL NO(S). 1414 OF 2022
DATE-02.09.22
CORUM- Justice Ajay Rastogi and Justice B.Y Nagarathna
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