JUDGMENT : 1. Instant Criminal misc petition has been filed against the order dated 17.03.2016 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Pali in Revision No. 106/2015 [56/15] affirming the order dated 21.02.2015 passed by Judicial Magistrate, Marwar Junction whereby cognizance was taken against the petitioner on negative Final report for offence under Section 420, 468, 471, 120B and Section 468/109 IPC. 2. Learned counsel for the petitioner submits that both the courts below failed to consider that on three occasions, the investigating officer after conducting thorough investigation had given negative Final Report in favour of the petitioner. Even in the FSL report, no opinion was given against the petitioner to prove that the documents were tampered by her. It is argued that the courts below failed to appreciate that the answersheets were checked by the teachers and there was no criminal intention to give higher marks to any student as the petitioner was Head Mistress of the school and countersigned the result sheet. It is also argued that the institution had terminated the services of petitioner, however, upon filing the appeal before the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur, the termination order was set aside. It is submitted that the complainant only with malafide intention has implicated the present petitioner and the courts below have taken cognizance against the petitioner merely on presumptions. Moreover, the respondent no.2 complainant has expired and even the institution i.e. Mahaveer Girls Higher Secondary School is also closed and there is no one to pursue the complaint filed by the respondent no.2 complainant. In these circumstances, it is prayed that the misc petition may be allowed and the impugned orders passed by the courts below qua the petitioner may be quashed and set aside. 3. Per contra, learned Public Prosecutor has produced a report received from the SHO, P.S. Siryari, District Pali enclosing the death certificate of respondent no.2 Shivhare Jain. However, while opposing the prayer made by the petitioner, it is argued that although, no direct involvement of the petitioner is found on the basis of material on record but being a Head Mistress of the institution, petitioner is liable to be prosecuted. 4. I have considered the rival contention of the parties and carefully gone through the material on record. 5. 4. I have considered the rival contention of the parties and carefully gone through the material on record. 5. It is not in dispute that on three occasions, the police after thorough investigation had filed FR in favour of the petitioner. As per FSL report also, the writing on the documents were found to be that of Smt. Pramila Shrivastav and Smt. Bhagwati Jain and no opinion was given against the petitioner. Even in the departmental proceedings initiated against the petitioner, the petitioner was exonerated. The petitioner was also terminated from service, however, when she filed an appeal before the Rajasthan Non- Government Educational Institutions Tribunal, Jaipur, the learned Tribunal partly allowed the appeal and her termination order was set aside. From the material on record, there is no incriminating evidence against the petitioner showing involvement in offence and therefore, the impugned orders taking cognizance against the petitioner for offence under Section 420, 468, 471, 120B and 468/109 IPC are liable to be set aside. Moreover, the complainant has now expired and there is no one to pursue the complaint. The petitioner is lady who is now aged about 72 years. 6. Accordingly, the present misc. petition is allowed. The impugned order dated 17.03.2016 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Pali in Revision No. 106/2015 [56/15] so also the order dated 21.02.2015 passed by Judicial Magistrate, Marwar Junction whereby cognizance was taken against the petitioner on negative Final report for offence under Section 420, 468, 471, 120B and Section 468/109 IPC, are hereby quashed and set aside. 7. Stay application also stands disposed of. Record of the trial court be sent back forthwith.