Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 2597 of 2020
Petitioner :- Nihal Ahmad
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Syed Wajid Ali
Counsel for Respondent :- G.A.,Kamran Ali Khan
Hon'ble Manoj Misra,J. Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1, 2 and 3; Sri Kamran Ali Khan for the respondent no.4; and perused the record. The instant petition seeks quashing of the first information report dated 31st January, 2020 registered as Case Crime No.24 of 2020, under Sections 419, 420, 467 and 468 IPC at Police Station Kalwari, District Basti. The allegation in the first information report is to the effect that for the purposes of applying for BTC course 2010, the petitioner prepared false experience certificate with regard to teaching experience between the year 2001 and 2004 when, in fact, he had passed his matriculation examination in the year 2003 as per which his date of birth is 12th October, 1985 and, therefore, in the year 2001, he would have been barely 15 years old.
The contention of learned counsel for the petitioner is that, firstly, the impugned first information report has been lodged on information received and not on personal knowledge and, secondly, there is no documentary evidence to suggest that any such experience certificate was used and any benefit was obtained by the petitioner. He further submitted that the allegations are false. In so far as the contention that no benefit has been obtained therefore no cheating was committed is an aspect that can be examined during the course of investigation. But, in so far as offence under Section 468 IPC is concerned, preparation of false document with an intention to use the same for cheating is an offence by itself and since the allegation is that the false document was prepared with an intent to use it as an experience certificate, prima facie, first information report discloses commission of cognizable offence, hence the matter would have to be investigated. Whether the petitioner had prepared false experience certificate or not and whether he has actually used it or not, would have to be determined on the basis of material collected during the course of investigation and therefore it would not be appropriate for us to comment on the same at this stage.
As the allegations made in the impugned first information Neutral Citation No. - 2020:AHC:33851-DB
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report disclose commission of cognizable offence, the matter would have to be investigated and therefore the prayer of the petitioner to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail.
Order Date :- 17.2.2020. Rks.
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