IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46747 of 2008 Ramadhar Sharma Versus State Of Bihar 03. 01.12.2011 This is an application for quashing the order dated 15.7.2008 passed by Chief Judicial Magistrate, Motihari in P.S. Case No.115 of 2007 by which cognizance under Section 467, 468,419, 420/34 of the I.P.C. has been taken. Heard learned counsel for the petitioner and learned counsel for the State. One Iftekhar Alam co-accused of this case has been selected ‘Siksha Mitra’ basing a certificate issued by Madarsa Board showing his marks 78.5 per cent and date of birth 10.02.1983 while he has passed Intermediate in third division and his date of birth is 10.02.1974. Petitioner is Secretary of the Committee, he has been alleged for conspiring other accused persons in committing the aforesaid forgery, on the basis that he did not produce relevant file while was asked as custodian of the record. Submission of learned counsel for the petitioner is that record remained with Mukhiya, there is no sanction for lodging prosecution against this petitioner and illegalities in appointment can be raised before B.D.O..There can be no excuse for a custodian of any record that record was to any one including Mukhiya. For the act in discharge of official duty sanctioned under Section 197 of the Cr. P.C. is necessary only commitment of conspiracy for forgery, does not come within that purview. As about remaining of other remedy for irregularities touching the result is a different area providing remedy to affected person not minimizing the criminal liability. Accordingly, finding no force in this quashing application, same stands dismissed. Vikash ( Mandhata Singh, J.)