Bibha Kumari vs The State Of Bihar The Principal ...
2023 Latest Caselaw 1014 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Criminal Writ Jurisdiction Case No.286 of 2022
            Arising Out of PS. Case No.-973 Year-2021 Thana- NAGAR District- Vaishali
     ======================================================

Bibha Kumari W/o Prabhat Kumar Singh, D/o Tripti Narayan Singh Resident of Village - Ward No.7, Sanchipatti, P.s.- Town, Distt.- Hajipur (Vaishali), At present Nagar Teacher, Middle School , Bagamati South, Hazipur.

... ... Petitioner/s Versus

1. The State of Bihar the Principal Secretary, Deptt. of Home, Govt. of Bihar, Patna

2. The Director General of Police, Bihar, Patna

3. The Superintendent of Police, Vaishali, Hazipur

4. The Officer Incharge, Town Police Station, Vaishali, Hazipur

5. The Investigating officer (Town P.S. Case No. 973/2021), P.S.-Town, Distt.-

Vaishali, Hazipur

6. The Superintendent of Police, Vigilance, Patna

7. The Deputy Superintendent of Police-cum-Assistant Investigating Officer (Niyojit Teacher), Vigilance Office, Patna

8. The Bihar School Examination Board, Patna through its Secretary, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kundan Kumar Sinha, Adv. with Mr. Aditya Narain Singh, Adv.

     For the State            :        Mr. Manish Kumar, Gp4
     For the Board            :        Mr. Gyan Shankar, Adv.
     For the Vigilance        :        Mr. Arvind Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 16-03-2023

Learned counsel for the petitioner, learned counsel

for the State, learned counsel for the Vigilance and learned

counsel for the Bihar School Examination Board.

The present application has been filed for quashing

the F.I.R., bearing Vaishali Hazipur Town P.S. Case No.973 of

2021 registered under Sections 420, 467, 468, 471 and 120(B)

of I.P.C.

Counsel for petitioner submits that from the first

page of the F.I.R., it transpires that her matriculation mark sheet Patna High Court CR. WJC No.286 of 2022 dt.16-03-2023

contains Roll Code 5116, Roll No. 242 year 1986, total marks

obtained 624, passed with first division was sent to Bihar

School Examination Board, Patna for verification but the

documents attached with the F.I.R., the mark sheet of the

petitioner indicates her Roll Code 5516, Roll No. 242 year

1986, total marks obtained 624.

In addition to that the certificate of the petitioner

and next in the F.I.R. indicates Roll Code 5116, Roll No. 242,

year 1986 passed in first division. Counsel submits that in the

F.I.R. itself at 2 places, the Roll Code of the petitioner was

shown as 5116, whereas in the mark sheet, it has been shown as

5516. The Vigilance and State's plea are that in the mark sheet,

wrong Roll Code No. 5516 has been inserted and the said mark

sheet was self-attested.

Meaning thereby, forged mark sheet has been filed

for the purpose of taking the service. Counsel for petitioner

submits that he has filed a writ petition C.W.J.C. No. 19348 of

2021 (Bibha Kumari Vs. The State of Bihar and Ors.) before

this Hon'ble Court for specific relief(s), direction(s) that the

certificates were treated as forge and fake by the Vigilance

Bureau are not a forgery.

In this case, Bihar School Examination Board,

Patna was also made party. After detailed discussion, the

Hon'ble Single Judge has pleased to hold that the documents of Patna High Court CR. WJC No.286 of 2022 dt.16-03-2023

the petitioner are not the forge documents. The harassment

caused to the petitioner cannot be compensated and, therefore,

petitioner was allowed to continue and perform duty and draw

salary.

During arguments, counter affidavit filed by the

counsel for the State and counsel for the Vigilance have been

placed before this Court also.

It transpires to me that the contents of the Vigilance

is true that in the mark sheet, the Roll No. is 242 on which the

Roll Code of the petitioner is 5516 with marks 624 and it is self-

attested also. But it is also true that from the documents of the

case, it is clear that in the contents of the F.I.R., the correct Roll

Code 5116 has mentioned in the certificate. The Roll Code 5516

is inserted with the same marks 624. It transpires to me that the

mark sheet containing Roll Code 5516 is a mark sheet on which

the signature of the tabulator is not there.

Meaning thereby, it is not the original mark sheet

and it is obtained later on being a duplicate mark sheet obtained

by Bihar School Examination Board, Patna. But the marks on

both the mark sheets containing Roll Code 5516 and 5116 are

identical, i.e. 624.

Meaning thereby, the petitioner is not in a position

to take any benefit of marks by virtue of the alleged forged mark

sheet.

Patna High Court CR. WJC No.286 of 2022 dt.16-03-2023

In my view, it is a mistake on the part of the

authority from where this mark sheet bearing Roll Code 5516

has been obtained and only mistake done on the part of the

petitioner that she has not compared her Roll Code 5516 with

certificate in which Roll Code is 5116 and innocently made self-

attestation which creates trouble for the petitioner for years and

years.

So far as the legal position is concerned, it is

admitted that the order of writ dated 11.01.2023 passed in

C.W.J.C. No. 19348 of 2021 is in existence and acquires finality.

Therefore, this Court has no option but to hold that

granting permission to continue the F.I.R. against the petitioner

shall be an unjust step.

In this view of the matter, let the F.I.R., bearing

Vaishali Hazipur Town P.S. Case No.973 of 2021 made against

the petitioner is hereby quashed.

(Dr. Anshuman, J.) sadique/-

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