IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43904 of 2008 ARIF RAZA, SON OF MD. MOHSIN, RESIDENT OF VILLAGE & P.O. BITHAN BAZAR, P.S. BITHAN, DISTRICT SAMASTIPUR. ---- PETITIONER Versus 1. THE DIRECTOR, C.B.I. UNION OF INDIA, NEW DELHI 2. THE CENTRAL BUREAU OF INVESTIGATION THROUGH THE SUPERINTENDENT OF POLICE, C.B.I./A.C.B. PATNA BIHAR. 3. THE INSPECTOR OF POLICE, C.B.I/A.C.B. PATNA, BIHAR. 4. THE SUB-INSPECTOR, C.B.I/A.C.B. PATNA, BIHAR 5. THE CHAIRMAN, RAILWAY RECRUITMENT BOARD, PATNA, BIHAR. 6. THE DIVISIONAL RAILWAY MANAGER, EASTERN RAILWAY, DANAPUR, PATNA. 7. THE CHIEF PERSONNEL OFFICER, EASTERN CENTRAL RAILWAY, HAJIPUR, BIHAR. 8. THE WING COMMANDER O/C PEN & WELFARE, INDIAN AIR FORCE, UNION OF INDIA, NEW DELHI. ---- OPPOSITE PARTIES ----------- 7 13.1.2010 The petitioner has challenged the order of cognizance vide order dated 4.10.2004 passed by the Special Judicial Magistrate, Patna as well as the entire proceedings of the prosecution case bearing R.C. No. 22(S)/2003 pending in the Court of the Special Judicial Magistrate, C.B.I. Patna which has been registered under Sections 420, 467, 468 and 471 of the Indian Penal Code on the ground that there is no case made out against the petitioner. Admittedly the petitioner was an ex-service man and after retirement had applied in Railway Recruitment Board, Mahendru Ghat, Patna vide its advertisement contained in annexure-3. At the time of application the petitioner had filled up the form, original of which has been produced in Court which indicates that the petitioner has a degree certificate in mechanical engineering. He defines himself as I.Sc., B.Sc. and M.Sc. and has also submitted his mark sheets which indicate that petitioner had passed his B.Sc. in Chemistry (Hons.) in support of his case. It is stated that petitioner was enrolled in Indian Air Force on 29.5.79 as AC and was discharged from service 2 w.e.f. 31.5.1994 on completion of regular engagement in the trade of Engineering/Technology and has more than ten years experience in the appropriate field. It has been said that on the recommendation of the Government of India, Ministry of Education and Social Welfare Letter No. F 18-19/75/T2 dated 26.5.1977 and Air HQ letter no. Air HQ/18976/20/TRG dated 19.2.1979, he is eligible for the said post which has been issued by Shri Samir Kumar Mitra, Command Works Officer, HQ Training command, IAF, Bangalore. Apparently the certificate has been verified and Shri Samir Kumar Mitra has addressed a letter on 11th of March, 2004 stating therein that he has not signed on the said certificate. The service records should be returned to the counsel appearing for the C.B.I. and the records will be sent down to the Court of the Special Judicial Magistrate, C.B.I., Patna in Case No. R.C. No. 22(S)/2003. The petitioner may take whatever defence he wish to during the trial and any observation made in this order should not in any way be considered to be finding on the merits and contentions raised by the parties. This application is disposed of. Sanjay (Sheema Ali Khan, J.)