Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45242 of 2010 ====================================================== 1. Rajendra Prasad Yadav , son of Late Raghubir Yadav 2. Sail Devi wife of Muneshwari Yadav, Both residents of Village- Jagir Parasi, Police Station-Kursakanta, District-Araria 3. Sri Prasad Mandal, Son of Ghuttar Mandal, resident of Village- Sinwari, P.S. Kursakanta, District-Araria 4. Bimal Kishore Singh, son of Late Baidyanath Prasad Singh, resident of Village- Mahua, Police Station- Ghelar, District-Madhepura .... .... Petitioner/s Versus 1. The State Of Bihar 2. Sanjay Kumar, son of Akhilesh Prasad Mandal, the Block Development Officer, Kursakanta, Police Station-Kursakanta, District-Araria .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ------------------------- 3 31-08-2012 Heard Sri Mukesh Kumar Rana, learned counsel for the petitioners and Sri Mukesh Kumar Singh, learned Addl. Public Prosecutor. In this case by order dated 14.12.2011, while staying further proceeding of Kursakanta P.S. Case No.133 of 2008, G.R. No.2808 / 2008 pending before S.D.J.M., Araria, this Court had directed learned counsel for the State to file counter affidavit within four weeks. Till date, no counter affidavit has been filed. In this case , four petitioners have prayed for quashing of an order dated 04.02.2010 passed by the learned Chief Judicial Magistrate, Araria in G.R. Case No.2808 of 2008, Patna High Court Cr.Misc. No.45242 of 2010 (3) dt.31-08-2012 2 / 4 2 arising out of Kursakanta P.S. Case No.133 of 2008. By the said order, the learned Magistrate has taken cognizance of offence under [STATUTE] . An F.I.R. was lodged in view of order dated 03.12.2008 passed in Misc. Case No.03/2008-09 (Anil Kumar Jha Vs. State of Bihar & Ors.) by the District Magistrate, by which he had cancelled the appointment of teachers of Gram Panchayat, Jagir Parasi and in view of cancellation of such appointment, it was directed to lodge F.I.R. in the concerned Police Station against the Officers and employees of the said Unit. Thereafter, F.I.R. was lodged. After investigation, chargesheet was submitted. It was submitted by learned counsel for the petitioners that one of the Panchayat Teachers, namely, Ram Sharan Mandal after cancellation of appointment had approached this Court by filing C.W.J.C.No.11421 of 2009 and this Court by order dated 30.10.2009 allowed the writ petition and set aside the order dated 03.12.2008 passed in Misc. Case No.03/2008-09. Similarly, another writ petition i.e. C.W.J.C.No.13520 of 2010 was filed by one Rekha Devi, which too was allowed on 08.10.2010. While allowing the writ petition, this Court had directed for reinstatement of the petitioner of the writ petition with Patna High Court Cr.Misc. No.45242 of 2010 (3) dt.31-08-2012 3 / 4 3 observation that she would be entitled to full remuneration for the period, she had worked. It was submitted by learned counsel for the petitioners that since basic ground, which was the reason for filing of F.I.R., is now not available, in view of setting aside the order by this Court, nothing remains to proceed against the petitioners. However, keeping in view the fact that after investigation, chargesheet was submitted and this fact i.e. setting aside the order of the District Magistrate, was not brought to the notice of the learned Magistrate in all fairness, it is desirable to direct the petitioner to file a detailed petition before the learned court below disclosing all those facts and thereafter the learned court below is required to examine the same and pass appropriate order in accordance with law keeping in mind two orders passed by this Court in C.W.J.C.No.11421 of 2009 and C.W.J.C.No.13520 of 2010. Such petition must be filed within a period of three months from today. If such petition is filed by the petitioners, the learned Magistrate is required to pass final order within one month from the date of filing of such petition. Till order is passed by the learned Magistrate on the petition of the petitioners, there shall be stay of further proceeding in G.R. Case No.2808 of 2008 arising out of Kursakanta P.S. Case Patna High Court Cr.Misc. No.45242 of 2010 (3) dt.31-08-2012 4 / 4 4 No.133 of 2008 pending in the court of learned Chief Judicial Magistrate, Araria or pending before the concerned Magistrate. It is made clear that if within three months from today no petition is filed by the petitioners, the learned Magistrate is not required to entertain such petition after expiry of three months and order of stay of proceeding shall automatically come to an end. With above observation and direction, the petition stands disposed of. NKS/- (Rakesh Kumar, J)

Applicable IPC Section: 471

Statute Text:
Section 471 of the Indian Penal Code. Using as genuine a forged document which is known to be forged. Whoever fraudulently or dishonestly uses as genuine any document which he knows or has reason to believe to be a forged document, shall be punished in the same manner as if he had forged such document.