Rajasthan High Court - Jodhpur
Rajender Kumar vs State Of Rajasthan ... on 1 May, 2023
Bench: Farjand Ali
[2023/RJJD/012769]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1569/2022
Rajender Kumar S/o Shri Malkeet Singh, Aged About 38 Years,
R/o Khatasjavar, Tehsil And P.s. Sadulshahar, District Sri
Ganganagar.
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Shree Kant Verma
For Respondent(s) : Mr. Gourav Singh, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
01/05/2023
1. By way of filing the instant criminal misc. petition, challenge
has been made to the order dated 10.02.2022 passed by
learned Additional Sessions Judge, Sadul Shahar District Sri
Ganganagar in Criminal Revision No.66/2021 (CIS
No.32/2021) whereby dismissed the revision petition of the
petitioner and affirmed the order dated 22.03.2018 passed
by Additional Chief Judicial Magistrate, Sadul Shahar in
Criminal Regular Case No.490/2015 and learned trial Court is
directed to frame charges against the petitioner.
2. Learned counsel for the petitioner submits that the definition
of making false documents and forgery is defined under
Sections 463 and 464 of the IPC and the facts and
circumstances enumerated therein only constitute an offence
under Sections 467 and 468 of the IPC. Simple allegation
regarding obtaining a certificate on a false narration whereas
[2023/RJJD/012769] (2 of 3) [CRLMP-1569/2022]
factually the certificate is not forged would not constitute an
offence either for forgery or making a false document. He
placed reliance on the judgment passed by Hon'ble the
Supreme Court in the case of Md.Ibrahim & Ors vs. State Of
Bihar & Anr reported in (2009) 8 SCC 751.
3. Learned Public Prosecutor opposed the submissions made at
the behest of the petitioner.
4. Heard learned counsel for the parties and perused the
material available on record.
5. What is manifesting from the facts incorporated in the orders
impugned regarding the crux of the allegations would be that
the accused has obtained a document based on false
narrations, however, there are no allegation that any
document was fabricated by him or any other person as
envisaged under Sections 463 and 464 of the IPC. It is
reflecting that the document got issued by the proper
person, the only allegation is that it was obtained on false
statement. The law in this regard has been enunciated by
Hon'ble the Supreme Court in the case of Md. Ibrahim
(supra), which is squarely applicable in this case. There is
force in the instant petition, thus, the instant misc. petition
deserves to be allowed.
6. Accordingly, the instant misc. petition is allowed. The order
dated 22.03.2018 passed by Additional Chief Judicial
Magistrate, Sadul Shahar in Criminal Regular Case
No.490/2015 and the order dated 10.02.2022 passed by
learned Additional Sessions Judge, Sadul Shahar, Sri
Ganganagar are hereby quashed and set aside. The matter is
[2023/RJJD/012769] (3 of 3) [CRLMP-1569/2022]
remanded back to the learned trial Court to pass an order
afresh, after going through the proposition of law enunciated
in the case of Md. Ibrahim (supra).
7. The stay application also stands disposed of.
(FARJAND ALI),J
8-Ashutosh/-
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