IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5200 of 2009 Pawan Kumar, son of Raj Mangal Prasad Yadav, village Mathiya, PS Chitauni, district East Champaran – petitioner. Vs 1. The State of Bihar, 2. Dr. Kamal Kishore, D.S.P. Begusarai-cum-Chairman of Constable Selection Board, Bihar, informant of Bagha Ps, Dist. East Champaran – opp. Parties. 2 27.7.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has been made an accused in a case under sections 419 and 420 of the Penal Code. The allegation against the petitioner is that he had produced a forged N.C.C. certificate for obtaining appointment on the post of constable. The case of the petitioner is that he had not submitted the N.C.C. certificate at the time of selection and he was appointed vide Advertisement No.1/4 and hence the very basis of the F.I.R. is incorrect and, therefore, the order taking cognizance is also incorrect. This court has to examine whether the allegations are prima facie made out against the accused persons in the first information report. If the petitioner wants to raise the issue that he had not filed any N.C.C. certificate at the time of his selection, it would be open to him to raise this point and the court while considering this aspect may call for the relevant documents from the petitioner’s office at the time of framing of the charge. It is further submitted that petitioner is still in Government service and he is facing great hardship because he has to appear before the court every fifteen days. It is open to the petitioner 2 to seek his remedy under section 205 of the Code of Criminal Procedure which will be considered by the court below on its own merit. This quashing application is disposed of with the aforesaid observations and directions. haque (Sheema Ali Khan, J.)