WPCRL/1384/2021
2021 Latest Caselaw 3065 UK

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                                 WPCRL No. 1384 of 2021

                                 Hon'ble N.S. Dhanik, J .

                                        Mr. Sharang Dhulia, learned counsel for
                                 the petitioner.
                                        Mr. Pratiroop Pandey, learned A.G.A.
                                 along with Mr. Pramod Tiwari, learned Brief
                                 Holder for the State.
                                        Heard.
                                        Learned counsel for the petitioner
                                 submits that the plain reading of the section
                                 467 IPC makes it very clear that the alleged
                                 forgery of the class 10th certificate does not
                                 come under the purview of this Section as the
                                 alleged forgery is not of a valuable security as
                                 defined under Section 467 IPC. He also
                                 submits that the said section has been added
                                 only to make this case outside the ambit of
                                 the judgment of the Hon'ble Court in "Arnesh
                                 Kumar v. State of Bihar" as the said judgment
                                 makes it clear that the Investigating Officer is
                                 duty bound before effecting the arrest of the
                                 petitioner, the mandatory provisions of
                                 Section 41 (1-A) of Cr.P.C. requires to be duly
                                 complied.
                                        Issue notice to the third respondent.

Steps to be taken within a week. Learned State Counsel may file counter affidavit.

List this case after three weeks. Till the next date of listing, no coercive steps shall be taken against the petitioner pursuant to the impugned FIR, provided the petitioner cooperates in the investigation.

(N.S. Dhanik, J.) 13.08.2021 SB