Hon'Ble Sharad Kumar Sharma vs Shoorveer Singh" Since It Stood
2023 Latest Caselaw 1199 UK

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                                 C482 No.783 of 2023
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. Aditya Pratap Singh, learned counsel for the applicant.

Mr. A.K. Sah, learned Deputy Advocate General along with Ms. Mamta Joshi, learned Brief Holder for the State.

The proceedings against the present applicant by way of Criminal Case No.371 of 2022, "State Vs. Shoorveer Singh" since it stood instituted for trying him for the offences under Section 420, 467, 468, 471 of IPC, on the ground that when he initially procured his appointment as back as 1996 as an Assistant Teacher, he had placed before the competent Authority a BTC document which was ultimately found to be a forged document.

It has been argued by the learned counsel for the applicant, that procuring an appointment on the basis of a forged document will not amount to be an offence under Section 467 of IPC as it will not amount to be a "valuable security" which could attract the offence under Section 467 of IPC.

In support of his contention, he has referred to one of the judgments rendered by the Co- ordinate Bench of this Court in a Writ Petition (Criminal) No.1002 of 2002, "Gulab Singh Vs. State of Uttarakhand & Others".

Though without expressing any concrete view at this stage, with regards to the view taken by the Co-ordinate Bench in paragraph no.8 of the said judgment, as to whether an act of an individual of procuring an appointment by placing a forged document, would be a valuable security under Section 30 of the IPC or not. This issue is yet to be left open to be decided when the matter is taken up after exchange of pleadings.

The respondents, who are represented by the Government Advocate, may file a counter affidavit within a period of three weeks from today.

Till the next date of listing the summoning order dated 26.04.2022, as issued against the present applicant in Criminal Case No.371 of 2022, "State Vs. Shoorveer Singh" pending consideration before the court of learned Judicial Magistrate 1st, Bazpur, District Udham Singh Nagar would not be given effect to.

(Sharad Kumar Sharma, J.) 01.05.2023 Sukhbant