IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5657 of 2007 S.M.NAIYAR IMAM, SON OF LATE S.M. JARIF, RESIDENT OF BAHERA, P.S. BAHERA, DISTRICT DARBHANGA. ---- PETITIONER Versus THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 10 8.9.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order taking cognizance of the offences under Sections 467, 468, 479 and 420 of the Indian Penal Code. The allegations as made by Vijay Prakash who was the then Secretary, Primary Education is that the petitioner who is the Secretary of S.M. Jahir Alam Teachers Training College, Bahera, District Darbhanga has in connivance with Nityanand Pandey and Laxman Prasad, Assistants working in the Primary Education Department, got a letter issued granting permission/affiliation of the said College for the year 1984-85. The petitioner’s case is that he is not on good terms with P.L. Das who is the father of Vijay Prakash. P.L. Das was the Registrar of Lalit Narayan Mithila University and Shyam Mohan Thakur who is the uncle (Mama) of the informant, are responsible for instigating Vijay Prakash to lodge this false and fabricated case as the petitioner has strained relationship with the father of Vijay Prakash. On behalf of the petitioner, it is also submitted that the petitioner has been fighting the battle to get affiliation and 2 recognition of his College by filing writ applications and subsequently the prayer was allowed in the year 1996. It is further submitted that in the entire case diary, there is no material to suggest that the petitioner received any benefit out of the said letter which is at page 15 of this application. The allegation that petitioner was responsible for fabricating this letter is absolutely baseless and completely untrue. The petitioner has neither access to the documents in the Primary Education nor can he influence the Assistants of the Secretariat to issue such an order in favour of the College. All these aspects cannot be considered by this Court while examining the order of cognizance. The petitioner would have the liberty to raise these questions at the appropriate stage in the case. This quashing application is dismissed. Sanjay ( Sheema Ali Khan, J.)