Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5039 of 2019 Petitioner :- Vikram Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Maohammd Nadeem Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 04.02.2019 registered as Case Crime No.84 of 2019, under Sections 419, 420, 467, 468, 471 IPC, P.S. Kotwali Kannauj, District Kannauj.
The allegation in the first information report is to the effect that the petitioner secured appointment by setting up a high school pass certificate which was a false document, inasmuch as, it reflected his date of birth as 03.07.1996, when, in fact, the petitioner had earlier also appeared in high school examination which reflected a different date of birth, namely, 03.07.1994.
The learned counsel for the petitioner has submitted that in so far as allegation of creation/using of false document is concerned, that is not made out because the high school certificate allegedly relied by the petitioner is not a false document within the meaning of Section 464 IPC and is, in fact, verifiable from Board's record.
Learned A.G.A. on the other hand submitted that having two High School Pass Certificates with different dates of birth or otherwise, by itself, is an offence and may amount to cheating.
Be that as it may, as to what offence would ultimately be found proved is a matter dependent on the material collected during the course of investigation and the evidence led in trial but where a person appears twice in same board examination with different date of birth and, thereafter, if he utilizes the date birth, which is of later date, for the purpose of securing entry in service or otherwise, by suppressing his earlier certificate, it cannot be said that no offence has been committed. The petition is dismissed.
Order Date :- 25.2.2019 AKShukla/-