IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1886 of 2008 PRABHU SINGH Versus THE STATE OF BIHAR ----------- 4 29.4.2010 Heard counsel for the petitioner and the State. The petitioner prays for quashing the order dated 8.11.2007 passed by the Judicial Magistrate Ist Class, Jehanabad in T.R.No.1127 of 2007 arising out of Kako P.S. Case No.57 of 2005 whereby he has rejected the petition for discharge filed by the petitioner under section 239 Cr.P.C. The Block Development Officer, Jehanabad filed a written complaint on 24.5.2005 giving rise to Kako P.S. Case No.57 of 2005 under sections 467, 468, 471, 420/34 stating therein that one Dharmendra Kumar son of Sohan Gope, resident of village Bajitpur, P.S. Ghosi, District Jehanabad had produced a School Leaving Certificate alleged to be issued on 30.12.2000 by the petitioner, the then Headmaster of Rajkiya Krit High School, Kako in order to facilitate his appointment on compassionate ground on the post of Chowkidar and on enquiry it was found forged and fabricated on the basis of written report of the Prakhand Vikash Padadhikari. Learned counsel for the petitioner submits that the petitioner superannuated from his service on 30.12.2000 and the School Leaving Certificate produced by one Dharmendra Kumar bears the forged signature of the petitioner. In course of enquiry it has come that one Ram Nath Prasad, who was the Peon of the school managed 2 KHAN the forged and fabricated school leaving certificate by putting false signature of the petitioner. However, witnesses Janardan Prasad Singh and Ramdahin Prasad stated in paragraph 12 and 13 of the case diary that the School Leaving Certificate of Dharmendra Kumar bears the signature of the petitioner. Considering the facts and circumstances of the case, I do not find any illegality in the impugned order 8.11.2007 rejecting the petition for discharge filed by the petitioner under section 239 Cr.P.C. This application is accordingly dismissed. (S.P.Singh,J)