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2022 DIGILAW 548 (RAJ)

Tara Devi v. State Of Rajasthan

2022-02-16

VIJAY BISHNOI

body2022
JUDGMENT 1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioner with a prayer for quashing the FIR No.73/2021 of Police Station Pipar City, Distt. Jodhpur Rural. 2. The aforesaid FIR has been lodged at the instance of respondent No.2 - Ratan Lal alleging therein that the petitioner while disclosing wrong facts has obtained job as anganwadi karyakarta in Anganwadi Center Khangata, Tehsil Bhopalgarh. It is alleged that as a matter of fact, there is another lady, whose name is Tara Devi d/o Ratan Lal, but she never joined as anganwadi worker at Anganwadi Center and even she did not apply for the said post and she is living in Surat from last so many years. It is further alleged that petitioner while impersonating her as Vimla Devi d/o Basti Ram has prepared forged documents in the name of Tara Devi d/o Ratan Lal and while producing forged transfer certificate got appointment on the post of anganwadi worker. It is also alleged by the complainant that now Vimla Devi is illegally receiving salary from the bank in the name of Tara Devi. It is further alleged that Vimla Devi got prepared forged ration card and other documents in her name. It is stated that a complaint was made to the District Collector and on the said complaint, the Deputy Director, Women and Child Development has already ordered for initiating criminal proceedings against the petitioner but despite that no action has been taken against her. 3. On receiving the said FIR, the police started investigation and in the meantime, the petitioner has filed SB Criminal Misc. Petition No.2774/2021 before this Court which came to be disposed of by a Co-ordinate Bench of this Court with a direction to the petitioner to submit a detailed representation before the Investigating Officer while explaining her case. This Court has also directed that if the Investigating Officer is of the view that custodial interrogation of the petitioner is necessary, then, the petitioner will be given 15 days' advance notice before her arrest. 4. It appears that pursuant to the said direction, the petitioner has filed a detailed representation before the Investigating Officer, however, as the Investigating Officer was of the view that custodial interrogation of the petitioner is necessary, therefore, 15 days' advance notice was served upon her. 5. 4. It appears that pursuant to the said direction, the petitioner has filed a detailed representation before the Investigating Officer, however, as the Investigating Officer was of the view that custodial interrogation of the petitioner is necessary, therefore, 15 days' advance notice was served upon her. 5. The petitioner has moved an anticipatory bail application before the concerned Sessions Judge, however, the same was dismissed, then, she has again filed anticipatory bail application before this Court and the same was dismissed as withdrawn with liberty to the petitioner to surrender before the trial court upto 03.01.2022 and after that the petitioner surrenders before the court on 4.1.2022 thereafter she was interrogated and sent to judicial custody, however later on, she was released on bail by the trial court vide order dated 06.01.2022. 6. Learned Public Prosecutor has submitted a factual report, wherein it is mentioned that the police after thorough investigation into the matter has found that no lady in the name of Tara Devi d/o Ratan Lal is existing in village Khangata and the petitioner's real name is Vimla Devi, who forged the transfer certificate of the school for getting appointment on the post of aganwadi worker. In the factual report, the police has found that offence under Section 419, 420, 467, 468, 471 and 120-B IPC are made out against the petitioner. 7. Learned counsel for the petitioner has submitted that the allegation levelled against the petitioner of making forged transfer certificate of the school to get appointment on the post of aganwadi worker is false. It is also submitted that the so-called lady Tara Devi who is residing in Surat at Gujarat has not made any complaint. It is also submitted that the petitioner did not get appointment on the basis of forged transfer certificate and the said transfer certificate of the petitioner is genuine one. Learned counsel for the petitioner, thus, prayed that the impugned FIR may kindly be quashed. 8. Heard learned counsel for the parties and perused the material available on record. 9. Earlier this Court has granted liberty to the petitioner to move representation before the Investigating Officer and to submit her defence and pursuant to that the petitioner has submitted representation, which was taken into consideration by the Investigating Officer but as the I.O. was not convinced with the defence produced by the petitioner, therefore, she was arrested. 10. 9. Earlier this Court has granted liberty to the petitioner to move representation before the Investigating Officer and to submit her defence and pursuant to that the petitioner has submitted representation, which was taken into consideration by the Investigating Officer but as the I.O. was not convinced with the defence produced by the petitioner, therefore, she was arrested. 10. Having regard to the overall facts and circumstances of the case; after going through the factual report and taking into consideration the fact that the investigation into the matter has already been completed, I am inclined to interfere this criminal misc. petition. 11. Hence, this criminal misc. petition being bereft of force is hereby dismissed. 12. Stay petition is also dismissed. 13. The factual report submitted by the learned Public Prosecutor is taken on record.