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-Report by Ayushi Dixit

The Hon’ble Supreme Court in the case Munna Prasad Verma v. State of U.P. & Anr. quashed and set aside the criminal proceedings against the appellants and stated that it is an abuse of the process of law.

The facts of the case are that Brijendra Nath Mishra obtained B.Ed. degree from an affiliated college of Gorakhpur University, Madan Mohan Malviya College, Deoria. After the death of his father, he called for a compassionate appointment and based on his education record he was eligible and hence was selected by the Selection Committee
(appellants). Brijendra Nath Mishra was selected by the committee on the compassionate ground under the dying harness rules.

The complainant (respondent) lodged FIR under sections 419, 420, 467,471 IPC against the selection committee and Brijendra Nath Mishra, who according to the complainant, has presented a forged marksheet of B.Ed. for compassionate appointment and the committee members conspired for the appointment and they were aware of the fact that the documents are forged.

After the complaint was filed, an investigation began and a final report was filed by the police but the Magistrate further gave directions for investigation. When the third round of investigation was completed a final report was filed again. On the request of the complainant, the investigating officer was changed and then finally a chargesheet was filed incriminating the appellants (member of the selection committee) and other persons for offences under section 419, 420, 467,468, 471 and 120-B IPC, cognizance was taken by the learned magistrate by an order.

The order was challenged by the appellants by filing a petition for quashing the cognizance against them under section 482 CrPC. The other two members of the selection committee against whom cognizance was taken have
preferred for a special leave petition before the court but during the pendency of the proceedings, unfortunately, both died and the court by a separate order dismissed their proceeding. The case Concerning with forged documents presented by Brijendra Nath Mishra for seeking a compassionate appointment is facing trial and that would be dealt according to the procedure established by law.

As far as the matter related to assistance by the selection committee, as the complainant has alleged, no prima facie evidence has been found which incriminates the appellants and shows that the appellants helped in fabricating or creating the forged document. The present members of the Selection Committee who relied on the documents without verification believed them to be genuine and recommended for the compassionate appointment which does
not mean that they helped in the fabrication of documents or were aware of the forged document. Thus, the members of the committee are not in any manner involved in the case.

“The learned Magistrate has taken cognizance and issued summons against them by an Order dated 4th August 2009 in the instant proceedings, which, in our view, would be nothing but a clear abuse of the process of law. Thus, the appeals stand allowed and the criminal proceedings arising from Case Crime No. 128 of 2002 qua the appellants are quashed and set aside.”

The appeals are set aside but the proceeding by the learned Magistrate against Brijendra Nath Mishra will continue in accordance with law and the court also held that if there is any pending applications regarding the case it shall also be disposed of.

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