[2025:RJ-JP:5402] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6021/2023 Mohammad Usman Khan Son Of Shri Rahmat Khan, Aged About 44 Years, Resident Of Village Naharpur, Post Bahadurpur, Police Station Ramgarh, Tehsil And District Alwar (Rajasthan). ----Petitioner Versus State Of Rajasthan, Through The Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Ayush Goyal For Complainant(s) For State : : Mr. Vikram Beniwal with Mr. Mohammed Zubeir Mr. Amit Punia, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 06/02/2025 1. The present criminal misc. petition has been filed by the petitioner with a challenge to order dated 20.10.2015, passed by the Court of Judicial Magistrate, Kishangarhbas, District Alwar in Criminal Case No.262/2013, whereby the charge for offence punishable under Section 420 IPC, was framed against the present petitioner. The petitioner has also challenged the order dated 31.07.2023, passed by the Court of learned Additional Sessions Judge No.2, Kishangarhbas, Alwar (Raj.) in Criminal Revision Petition No.40/2018 (C.I.S. No.129/2016), whereby the revision petition filed against the impugned order dated 20.10.2015, was dismissed. 2. Counsel for the petitioner submits that from the contents of F.I.R. and the evidence collected during investigation, no offence [2025:RJ-JP:5402] (2 of 3) [CRLMP-6021/2023] punishable under Section 420 IPC is made out against the present petitioner and the learned trial Court has erroneously framed charges against the present petitioner for the offence punishable under Section 420 IPC. Counsel further submits that with regard to submitting the false documents, there is a provision of disciplinary proceedings against the petitioner by the Department. 3. Learned Public Prosecutor as well as the counsel for the complainant have opposed the prayer made on behalf of the petitioner and submit that the impugned orders have been passed by the Courts below after due appreciation of the evidence available on record before it. It is also submitted that there is ample evidence on record, which were collected during investigation, which clearly speak that there is sufficient material to proceed against the present petitioner for offence punishable under Section 420 IPC. 4. Heard. 5. Considered the submissions made at bar and also perused the impugned orders and the material available on record before this Court. 6. It is not in dispute that while seeking appointment on compassionate ground, the petitioner has submitted incorrect affidavit, hiding the complete details. Further, the petitioner has not mentioned in the document as well as in the affidavit with regard to existence of his brother, who is defendant of the deceased government servant. In respect of which, the petitioner has sought appointment on compassionate ground on the Post of Teacher Grade-III. [2025:RJ-JP:5402] (3 of 3) [CRLMP-6021/2023] 7. It is well settled law that even with regard to any act of a person/government employee, there may be provisions under the Service Law with regard to initiation of departmental proceeding against him, however, against any such provision of disciplinary proceedings, the criminal liability of the petitioner cannot be put to an end. 8. On perusal of the record, it is very much clear that the petitioner has submitted incorrect affidavit and incorrect details while seeking appointment on compassionate ground, for which he can be prosecuted under the criminal law. 9. This Court after extensive scrutiny, does not find any ground to interfere with the impugned orders passed by the Courts below. 10. Accordingly, the present Criminal misc. petition is dismissed. 11. Since main petition has been dismissed, the stay application and all pending application, if any, also stands disposed of. (GANESH RAM MEENA),J ARTI SHARMA /124