A single judge bench of the Justice Sanjay Kumar Mishra of Uttarakhand HC has partly allowed the petition and quashed the charge sheet in relation to offence under Sections 467 and 468 as the documents failed to create any vested right in favour of the petitioner.
Facts:
The petitioner, who is working as Assistant Teacher (L.T. Grade) has filed this writ application under Article 226 of the Constitution praying to issue a writ of certiorari quashing the First Information Report dated 18.05.2022, numbered as 0023 of 2022, for the offence under Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860, (hereinafter referred to as ‘the Penal Code)’, SHO of Police Station Augustmuni, District Rudraprayag.
Learned counsel for the petitioner at this stage submits that the allegations against the petitioner is that he has produced the B.Ed. examinations certificate, which according to the prosecution is forged. Learned counsel for the petitioner further submits that even if it held that the allegations made in the FIR as well as by the Police in the charge-sheet are correct, then also the offence under Section 467 of the Penal Code is not made out as a school or college certificate is not a valuable security under Section 467 of the Code.
Observations of the Court:
The court observed it is apparent from the record that certificate showing the petitioner to have cleared an examination is not a will. It is not an authority of a specific kind. It is also not any document purporting to be an acquittance or receipt, acknowledging of payment of money. It cannot be said to be an acquittance or receipt for the delivery of any movable property or valuable security. The court after the perusal of the section 30 of IPC which provides a definition for valuabale security noticed that where any legal right is created, extended, transferred, restricted, extinguished or released etc there is no legal right created in favour of the petitioner. Hence, it cannot be held to be a valuable security. Therefore, the offence under Section 467 is not attracted in this case.
Decision:
The present writ petition is partly allowed. The charge-sheet as far as it relates to offence under Sections 467 and 468 are concerned, are hereby quashed. It is further directed that while considering the charges, the learned Magistrate in sisin of the matter shall not consider that the charge-sheet as has been submitted under the aforesaid offences and directed the Magistrate to reconsider the material on record and take a decision whether the offence under Section 465 of the Penal Code is made out or not and accordingly shall frame charges.
Case: Gulab Singh vs State of Uttarakhand and others
Citation: Writ Petition (Criminal) No. 1002 of 2022
Coram: Justice Sanjay Kumar Mishra
Dated: 17.10.2022
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