C482/407/2021
2023 Latest Caselaw 77 UK

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                                      C482 No.407 of 2021
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Vikram Singh Dhapola, Advocate holding brief of Mr. Ramji Srivastava, Advocate for the applicant.

Mr. Atul Kumar Shah, Deputy Advocate General assisted by Mrs. Mamta Joshi and Ms. Sangeeta Bhardwaj, Brief Holder for the State of Uttarakhand.

The applicant, who happens to be an elected Sabhasad, is an accused for commission of offence under Section 420 of IPC, that having certified the date of birth of some persons on the basis of an affidavit which was produced by the father of the applicant, before the present applicant for grant of date of birth recognition.

If the FIR is taken into consideration, the FIR was got registered by Mr. Ramkaran, who was then working as a Sessions Clerk in the court of NDPS Act, District Dehradun, because the beneficiary of the certificate, which was reckoned by the present applicant, had used the same in the judicial proceedings before the court and as such the court has observed that this act of issuance of certificate or reckoning of date of birth by the present applicant in the capacity of being a Sabhasad was not permissible under law.

It is that based upon the certificate, which was placed before the Court, the beneficiary of the same had tried to take an advantage for deriving the benefit of the changed date of birth, as it was certified by the present applicant. Even if, the charge sheet, which is taken into consideration, a primafacie offence has been made out against present applicant under Section 420 of IPC, the cognizance of which has been taken by the court of Chief Judicial Magistrate, Dehradun by registration of Criminal Case No.1455 of 2020, State vs. Ravindra Singh.

In the summoning order, which has been issued on 24.02.2020, the cognizance have been taken in relation to the other offence against Mr. Ravindra Singh, and so for as the applicant is concerned, the only cognizance have been taken for the offence under Section 420 of IPC, for the act of wrongfully certifying the date of birth. The nature of offence, which is being complaint of, since it carries a sentence of less than seven years, it will be falling for consideration within an ambit of parameters laid down by the judgment of Satendra Kumar Antil vs. Central Bureau of Investigation and Another (2021) 10 SCC 773 as the offence under Section 420 of IPC, would be falling under 'A' category of offence and its parameters would be regulated by para 3(e) of the said judgment.

In case if the applicant surrenders before the court of Chief Judicial Magistrate, Dehradun before whom the Complaint Case No.1455 of 2020, is pending consideration, the applicant's bail application will be considered in accordance with law by extending the benefit under para 3(e) of the judgment of Satendra Kumar Antil.

Subject to the aforesaid, the C482 Application stands disposed of.

(Sharad Kumar Sharma, J.) 06.01.2023 Arti