Research › Search › Judgment

Jharkhand High Court · body

2022 DIGILAW 727 (JHR)

Md. Mukhtarul Haque v. State of Jharkhand

2022-06-27

SANJAY KUMAR DWIVEDI

body2022
JUDGMENT : 1. I.A. No. 9202 of 2018 has been filed for making amendment in para 1 and prayer portion of the main application. 2. Learned counsel for the petitioner submits that initially F.I.R. was under challenge in this petition but during pendency of this petition the learned court below has taken cognizance vide order dated 22.06.2018 that is why it was necessitated to file this interlocutory application. 3. Learned counsel for the State has got no serious objection, if the said interlocutory application is allowed. 4. Considering the fact that petition is still pending, in the interest of justice to avoid multiplicity of litigation, prayer made in I.A. is allowed. 5. Learned counsel for the petitioner shall make out necessary correction in the main petition in course of day. 6. I.A. No. 9202 of 2018 stands allowed and disposed of. 7. By order dated 25.11.2019, State was provided six weeks time for filing counter affidavit and again by order dated 19.01.2021 further four weeks’ time was granted to the State to file counter affidavit but the counter-affidavit has not been filed as yet. Accordingly, this petition is being heard on merit. 8. This petition has been filed for quashing the entire criminal proceeding along with order taking cognizance dated 22.06.2018. in connection with Barharwa P.S. Case No. 178 of 2017, corresponding to G.R. No. 883/2017 pending in the Court of learned Additional Chief Judicial Magistrate, Rajmahal. 9. F.I.R. was lodged alleging therein that on 19.06.2014 Mukhtarul Haque was appointed as expert in Madarsa Ishlahul Mushlemin Madhopara Aagloi under police station Barharwa for selection of teacher. It is alleged that on the aforesaid date interview for selection of teacher was taken since 10 O’ Clock and as an expert false document and report was prepared and expert report, report of interview committee, tabulation, panel chart and presence report have been handed over to Prabhand Samiti. The document which was prepared by Md. Mukhtarul Haque, it appears that on 19.06.2014 he had worked in Madarsa Ishlahul Mushlemin village Madhuwawara under police station, Barharwa. It is further alleged that on 19.06.2014, Md. Mukhtarul Haque examined the copy of Hindi at Rajkiya High School karharbil Dumka, Md. Mukhtarul Haque worked in Rajkiya High School, Karharbil Dumak since 14.06.2014 to 27.06.2014 as examiner. Mukhtarul Haque, it appears that on 19.06.2014 he had worked in Madarsa Ishlahul Mushlemin village Madhuwawara under police station, Barharwa. It is further alleged that on 19.06.2014, Md. Mukhtarul Haque examined the copy of Hindi at Rajkiya High School karharbil Dumka, Md. Mukhtarul Haque worked in Rajkiya High School, Karharbil Dumak since 14.06.2014 to 27.06.2014 as examiner. It is further alleged that on 19.06.2014 the accused was not present at Madarsa Ishlahul Mushlemi village Madhopara under police station Barharwa and with the intention of forgery shown a false interview and prepared a false document. It is further alleged that the informant has made a complain before the department which is pending. 10. Mr. Raja Ravi Shekhar Singh, learned counsel for the petitioner submits that a complain of the person is nothing to do with the appointment of the petitioner inspite of that F.I.R. has been lodged against the petitioner. He further submits that subsequently, the Department has conducted enquiry into the matter and found the allegation untrue. The enquiry report is enclosed with annexure-4 to the petition. 11. Md. Hatim, learned counsel for the State submits that there are materials against the petitioner. 12. The Court has gone through the cognizance order dated 22.06.2018 and finds that cognizance has been taken by the learned court below in a format wherein blank space has been filled up by writing name of the petitioner and sections of the I.P.C. It appears that the court below has not applied its mind in taking cognizance. 13. Accordingly, cognizance order dated 22.06.2018 taken against the petitioner in connection with Barharwa P.S. Case No. 178 of 2017, corresponding to G.R. No. 883/2017 pending in the Court of learned Additional Chief Judicial Magistrate, Rajmahal, is quashed. 14. The matter is remitted back to the concerned court to pass fresh order in accordance with law. 15. This petition stands allowed and disposed of. Pending, I.A., if any, stands disposed of. Interim order dated 25.11.2019 is vacated.