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Judgment
The petitioner has been made accused in Ekma P. S.
Case No. 78 of 2003 registered for the offences punishable under
Sections 420, 467, 468 and 471 of the Indian Penal Code.
In the FIR, it is alleged that on the basis of
forged letter of appointment and order of transfer the petitioner
worked as a Class-IV employee and received salary from Saran
Canal Division.
The Police conducted the investigation and on
completion of investigation, the allegations made in the FIR were
found to be true. Accordingly, vide charge-sheet no. 93 of 2012
dated 30.06.2012, the petitioner was sent up for trial pursuant to
which the learned Judicial Magistrate, 1st Class, Saran, Chapra vide
impugned order dated 26.07.2012 took cognizance of the offences
punishable under Sections 420, 467, 468, 409 and 471 of the Indian
Penal Code and summoned the petitioner to face trial.
The aforesaid summoning order dated
26.07.2012 is under challenge in the present application.
It is contended that the petitioner has already
deposited Rs.40,320/- through treasury challen and hence, the State
has been compensated for the loss caused due to the salary
withdrawn by the petitioner. It is further contended that though the
FIR was lodged in the year 2003, the charge-sheet was submitted
after nine years on 30.06.2012. It is also contended that there is no
explanation for the inordinate delay in completion of investigation.
Be that as it may, since the allegations made in
the FIR were found to be true during investigation and on perusal
of the material available on record including the police report, the
learned Magistrate found sufficient material to proceed against the
petitioner, I see no illegality in the impugned order.
Accordingly, the application is dismissed.