IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10069 of 2008 1. YOGENDRA RAI SHARMA, S/O LATE JAGANATH RAI SHARMA, RESIDENT OF VILLAGE JABDAUL, P.S. CHANPATIA, P.O. BRINDAVAN, DISTRICT WEST CHAMPARAN (BETTIAH) 2. SITARAM MISHRA, S/O SHRI NATHU MISHRA, RESIDENT OF VILLAGE JAMUNIA, P.O. BABRAURA, P.S. LAURIA, DISTRICT WEST CHAMPARAN (BETTIAH) 3. DHARMENDRA KUMAR TIWARY, S/O RAMJI TIWARY, RESIDENT OF MOHALLA BASANT VIHAR, BETTIAH, P.S. MUFFASSIL, P.O. BETTIAH, DISTRICT WEST CHAMPARAN (BETTIAH) .. PETITIONERS Versus THE STATE OF BIHAR .. OPPOSITE PARTY **** /3/ 23.06.2010 Heard the counsel for the parties. 2. This petition is directed against the order, dated 15.01.2008, passed by the Sub Divisional Judicial Magistrate, Bagaha, West Champaran, in Tr. No. 816 of 2006 originated out of F.I.R. No. 25 of 1997, whereby he has rejected the petition to discharge the petitioner. 3. The learned counsel for the petitioners, however, contends that there is no material against the petitioners and whatever has been stated does not indicates the clear implication and various documents and the letters filed as Annexures, suggests the innocence of the petitioners. 4. The first information report has been lodged 2 on the basis of the report of the Deputy Development Commissioner, West Champaran, and in that case one Sheojee Singh of the Government Primary School has deposed that in a Government Primary School, Velehi, since 1994 there was no teacher working and so no payment of salary of any teacher was made. However, one Sheodutt Ram, Executive Magistrate-cum- Deputy Treasury Officer, Bagaha, has stated that four bills of salary account was received from the Government Primary School, Velehi, which was presented by the Accountant which was signed by the District Treasury Officer, Bettiah, and on seeing the signature of the District Education Officer he also signed and the Accountant informed that the Bank has returned the same as the Bank did not find the signature of the drawing and disbursing officer tallying with the signature and the matter when investigated Yogendra Rai Sharma, In-charge, Sudivisional Education Officer-cum-Assistant Inspector of the Primary School filed his statement after long delay and in his written statement he has stated that his forged signature on the said four advice of the bills each of Rs.1,65,053/- and Sitaram Mishra and Dharmendra Kumar Tiwary informed him at his residence and further that Yogendra Rai Sharma has gave the information after much delay and by that time the forged bills have been passed in 3 his designation and he ought to have write letter to the State Bank of India and after due enquiry the decision was taken to lodge a case and even steps were taken for his suspension as well as it is suspected that there is hands of Sitaram Mishra and Dharmendra Kumar Tiwary. 5. Hence, from the allegation and enquiry itself it is apparent that signature of the petitioners was forged and the petitioners delayed in giving report and those are material for strong suspicion against the petitioners at the state of framing of charge or considering the discharge of petitioners has only to consider the prima facie material against the petitioners as to whether an offence is made out and at this stage a charge can be framed on strong suspicion and Court is not required to look into the defence and can not consider the document produced by the accused as a defence and the Court at this stage can not consider or meticulously examine the document filed by the defence. 6. Hence, I do not find any reason to interfere with the impugned order. This application is rejected. S.A. ( Gopal Prasad, J. )