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21. This Court has perused the order dated 11.02.2020 passed by the learned Magistrate on the discharge application moved by the petitioners. Learned Magistrate in the first two paragraphs of his order dated 11.02.2020 had noted that the petitioners in their discharge application have stated that the age of the petitioner no.1, namely, Rahimunnisha had been shown to be more than 60 years, on the basis of entry in the parivar register, on the basis of which she was being given old age pension and that the earlier Investigating Officer could not find evidence, and therefore submitted a final report, but further investigation was directed and the second Investigating Officer, thereafter, filed charge sheet without any evidence being available against the petitioner.

24. This Court has considered the order passed by the learned Additional District and Sessions Judge dated 20.02.2021. The Revisional Court has first noted the arguments made by the counsel for the revisionist and also analyzed the papers on record, wherein the complaint/application under Section 156 (3) Cr.P.C. had stated that the petitioners were husband and wife, and petitioner no.1 was shown in the parivar register of the year 1995-1996, as having been born in 1940, and therefore, more than 60 years of age, and on the basis of such overwriting a medical certificate of a Doctor was filed, on the basis of which the petitioner no.1 was getting Old Age Pension for several years. The Shrawasti Gramin Bank Branch at Huzoorpur had shown in its Ledger on page dated 23.12.2005, at serial no. 138, the name of Rahimunnisha and Account No. 2446 wherein Rahimunnisha continued to draw Old Age Pension w.e.f. 2005, onward. Thereafter, the accused Rahimunnisha managed to get a different entry of Date of Birth mentioned in the Parivar Register as 1974 and showed herself to be 40 years of age on 01.07.2007, and took up service as Safai Karmi. The accused Rahimunnisha in fact had been drawing pension showing her age to be more than 60 years for several years before she showed herself to be 40 years of age and started working as Safai Karmi.