WPCRL/157/2024
2024 Latest Caselaw 106 UK

Uttarakhand High Court

WPCRL/157/2024 on 20 February, 2024

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                     Office Notes,
                    reports, orders
SL.                or proceedings or
         Date                                        COURT'S OR JUDGES'S ORDERS
No                  directions and
                   Registrar's order
                    with Signatures
C     20.02.2024                       WPCRL No. 157 of 2024
                                       Hon'ble Rakesh Thapliyal, J.

1. Mr. Ravi Bisht, learned counsel along with Mr. Anshul Loshali, learned counsel for the petitioner and Mr. Saurabh Pandey, learned Brief Holder for the State.

2. By the instant writ petition, the petitioner is praying for quashing of FIR No. 0002 of 2024, lodged by respondent No. 3 on 16.01.2024 at P.S. Daniya, District Almora for the offence punishable under Sections 452, 467, 468, 471 of IPC.

3. It is submitted by the learned counsel for the petitioner that the petitioner was serving as Gramin Dak Sewak, however, with the allegations that the certificate of High School is forged one, his services have been terminated.

4. It is submitted by the learned counsel for the petitioner that though the petitioner's services have been terminated, now pursuant to that FIR, the petitioner has also been implicated.

5. Learned counsel for the petitioner submits that it is a settled principle of law that the certificate, on which the petitioner obtained employment, is not a valuable security as the expression is defined in Section 30 of IPC and in reference to this, he placed reliance on the judgment of Supreme Court in the case of Bhausaheb Kalu Patil Vs. State of Maharashtra, (1980) 4 SCC 552.

6. Mr. J.S. Virk, learned Deputy Advocate General accepts notice on behalf of respondent Nos. 1 & 2.

7. Issue notice to respondent No. 3, returnable within three weeks.

8. Learned counsel for the petitioner shall take steps to serve respondent No. 3 within a week, by registered post.

9. Let the counter affidavit be filed by the respondents within four weeks. Two weeks, thereafter, is granted to the petitioner to file rejoinder affidavit.

10. List this matter on 18.04.2024.

11. In the meantime, the investigation may go on; however, the petitioner shall not be arrested in respect of the investigation relating to FIR No. 0002 of 2024 dated 16.01.2024 at P.S. Daniya, District Almora for the offence punishable under Sections 452, 467, 468, 471 of IPC, provided he cooperates with the investigation.

12. Interim Relief Application (IA/1/2024) stands disposed of accordingly.

(Rakesh Thapliyal, J.) 20.02.2024 Mahinder/