Asha Orain vs The State Of Jharkhand And Another
2023 Latest Caselaw 1773 Jhar

                IN THE HIGH COURT OF JHARKHAND, RANCHI
                                   ----

W.P.(Cr.) No. 483 of 2021

----

         Asha Orain                                        .... Petitioner
                                  --   Versus        --
         The State of Jharkhand and Another                .... Respondents
                                        ----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

---

For the Petitioner :- Mr. Anuj Kumar , Advocate For the State :- Mr. Aman Kumar, Advocate

----

6/26.04.2023 This petition has been filed for quashing of the FIR being Doranda

P.S.Case No.37 of 2018, G.R.No.1241 of 2018, pending in the court of

learned Judicial Magistrate-I, Ranchi.

2. The brief facts of the case is that the petitioner is serving as

Labour in Ranchi Municipal Corporation, Doranda Branch, Ranchi. She

was appointed on compassionate ground on death of Mathu Oraon

permanent employee of respondent no.2. The petitioner has got the said

appointment on the forged document. The said matter was complained

by son namely Kuldip Lakra of late Mathu Oraon. On said complaint, a

departmental enquiry was initiated and the petitioner found guilty and

hence she was terminated from the post on 08.01.2017.

3. Learned counsel for the petitioner submits that there is no forged

document and unnecessarily this FIR has been lodged and in that view of

the matter the same may kindly be quashed.

4. The Court has gone through the contents of the FIR and finds that

there is allegation of taking compassionate appointment by way of

producing forged document and for that FIR has been registered. There

appears that prima facie case is made out. There are parameters of

quashing of the FIR as per the judgment rendered by the Hon'ble

Supreme Court in the case of State of Haryana v. Bhajan Lal, reported in

1992 Supp (1) SCC 335. No case of quashing of the FIR is made out.

5. Accordingly, this petition is dismissed.

( Sanjay Kumar Dwivedi, J.)

SI/