JUDGMENT : Instant petition has been filed for quashing of entire criminal proceeding including the F.I.R. in connection with Arki P.S. Case No.27 of 2022 registered for the offence under Sections 406, 420, 467, 468, 469, 471, 34 of the Indian Penal Code. 2. The prosecution case, in brief, as disclosed in the F.I.R. is that petitioner Nos.1 and 2 had applied for the post of Assistant School Teacher claiming themselves to be the resident of the State of Jharkhand on the basis of the residential certificate issued by the S.D.O., was selected and was working as Trained Graduate Teachers in Government Upgraded Middle School cum High School, Kalamati, Khunti and S.S. High School, Khunti. 3. It is alleged that both these petitioner Nos.1 and 2 had wrongly shown place of posting of their husbands as their place of residence and obtained the local resident certificate. Petitioner Nos.1 and 2 while making the application for grant of local resident certificate, tampered with the application form in the Column No.3 and inserted by adding ‘Pati’ on the top of the words ‘Mother/Father’ and answered it as ‘Yes’. Petitioner Nos.3 and 4 are husband respectively of petitioner Nos.1 and 2, who are Assistant School Teachers and have been charged that they had entered into criminal conspiracy in obtaining these residential certificate. 4. It is submitted by learned counsel on behalf of petitioners that in the advertisement for the said post, required residential certificate of the State of Jharkhand to be furnished by the applicants. The residential certificate is issued in terms of Resolution No.3198 dated 18th April, 2016 which inter alia provides in Clause 2 that the persons will be entitled to residential certificate of Jharkhand State to persons who fulfil interalia the following criteria. (iii) the person concerned should be an employee/officer or his wife/husband/children of Jharkhand State Government or recognized public institution under the State Government. 5. Their husband being Assistant Teacher working in the State of Jharkhand and the petitioner Nos.1 and 2, being their wife, there was no illegality on their part to apply for the residential certificate which was duly issued in their favour by Sub Divisional Officer, Khunti. The certificate which has been enclosed with the petition notes that residential certificate has been issued in terms of para 2(iii) of Resolution No.3198 dated 18th April, 2016. 6.
The certificate which has been enclosed with the petition notes that residential certificate has been issued in terms of para 2(iii) of Resolution No.3198 dated 18th April, 2016. 6. The State has filed counter affidavit but has not responded on the point as to whether wife is eligible for said residential certificate or not because their husbands are employed in the State Government. 7. Learned A.P.P. has defended the order of cognizance by submitting that in para 96 of the case diary, the Investigating Officer has noted that petitioner Nos.1 and 2 were not natives of this State, rather were resident of State of Bihar. 8. From the rival submissions made on behalf of both the side, it is apparent that criminality is imputed on the petitioners that they had managed to obtain the residential certificate illegally, by suppressing their permanent address. 9. This Court is of the view there was no illegality in issuance of residential certificate to the petitioner Nos.1 and 2 in view of the Government Resolution No.3198 dated 18th April, 2016, under which a wife whose husband was employed under the Government of Jharkhand or in Public Institution, was entitled to residential certificate. There are different categories under which residential certificate is issued under this resolution including para 2(iii) for the wife of the Government Servant in the State of Jharkhand. Admittedly, both petitioners Nos.3 and 4 are the husbands of petitioner Nos. 1 and 2 who were serving as school teachers in this State at the time of issuance of certificate. 10. The entire criminal proceeding including the F.I.R. in connection with Arki P.S. Case No.27 is premised on fallacious allegation that residential certificate where issued illegally. In view of the fact that there was no illegality in the issuance of certificate, no prima facie offence is made out. The entire criminal proceeding is accordingly quashed. Criminal Miscellaneous Petition is allowed.