Uttarakhand High Court
Shashipal vs State Of Uttarakhand And Another on 17 March, 2023
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Miscellaneous Application No. 421 of 2023
Shashipal ...... Petitioner
Vs.
State of Uttarakhand and Another ..... Respondents
Presents:-
Mr. Tapan Singh, Advocate for the petitioner.
Ms. Manisha Rana Singh, A.G.A. for the State of Uttarakhand.
JUDGMENT
Hon'ble Ravindra Maithani, J. (Oral)
The challenge in this petition is made to
charge sheet 24.12.2022, summoning/cognizance order
dated 05.01.2023, passed in Criminal Case No.15 of
2023, State Vs. Pankaj Kumar, under Sections 419, 420,
467, 468, 471 IPC, by the court of Judicial
Magistrate/Civil Judge Laksar, District Haridwar ("the
case"), as well as the entire proceedings of the case. By
the impugned order, while taking cognizance, the
petitioner has been summoned to answer the accusation
under Section 419, 420, 467, 468 and 471 IPC.
2. Heard learned counsel for the parties and
perused the record.
3. Facts necessary to appreciate the
controversy, briefly stated, are as follows: the respondent
no.2, in her capacity as Deputy Education Officer,
Primary School, Khanpur, District Haridwar, filed an FIR
against the petitioner on 18.09.2022 at Police Station
Khanpur, District Haridwar. According to this FIR, the
petitioner did produce forged documents at the time of
his appointment as Assistant Teacher, Primary School. It
is this FIR, in which, after investigation, chargesheet
under Sections 419, 420, 467, 468 and 471 IPC was
filed, which is the basis of the case, on which, by the
impugned order, cognizance was taken and the
petitioner has been summoned.
4. Learned counsel for the petitioner would
submit that in the instant case, offence under Section
467 IPC is not made out because it does not relate to
forgery of valuable security, will, etc. It is argued that if a
certificate, even if it is forged, does not fall within the
category of forged valuable security. In support of his
contention, learned counsel for the petitioner has placed
reliance upon the principle of law, as laid down in the
case of Shriniwas Pandit Dharmadhikari Vs. State of
Maharashtra and connected matters, 1980 (4) SCC 551.
5. In the case of Shriniwas (supra), the
Hon'ble Supreme Court observed that "we do not think
that the two certificates the appellant has been
found to have forged to get admission in the Arts and
Commerce College affiliated to Poona University
could be described as "valuable security" as the
expression is defined in Section 30 of the Penal
Code, 1860. We therefore alter the conviction under
the aforesaid sections to one under Section 471 read
with Section 465 of the Penal Code, 1860."
6. Learned counsel for the petitioner would
submit that the petitioner's grievance is only with regard
to Section 467 IPC only.
7. Learned State Counsel would submit that
the proposition of law, as laid down by the Hon'ble
Supreme Court in the case of Shriniwas (supra) cannot
be doubted. She concedes that the cognizance ought not
to have been taken under Section 467 IPC, instead, it
could have been taken under Section 465 IPC.
8. Since a pure question of law has been
raised, learned State Counsel would submit that no
counter affidavit is required to be filed. Therefore, this
petition is being decided at the admission stage.
9. The allegation against the petitioner is that
he submitted forged documents at the time of his
appointment. As held in the case of Shriniwas (supra),
the forgery of documents does not fall within the
category of forgery of valuable security. Therefore, the
court below ought not to have taken cognizance under
Section 467 IPC, instead, the cognizance ought to have
been taken under Section 465 IPC. To that extent, the
impugned order deserves to be modified.
10. The cognizance/summoning order dated
05.01.2023 is modified to the extent that the petitioner
shall answer the accusation under Sections 419, 420,
465, 468, 471 IPC.
11. Accordingly, the petition stands disposed of
at the stage of admission itself.
(Ravindra Maithani, J.)
17.03.2023
Ravi Bisht
