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2007 Supreme(Pat) 1312

GHANSHYAM PRASAD
Dharmendra Kumar @ Babloo – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard.

2. The only grievance of the petitioner is about applicability of Sec. 255 of the Indian Penal Code, which is exclusively triable by the court of session. So far applicability of other Sections i.e. 258, 259, 260, 262, 420, 466, 468, 471 and 120B is concerned, they are triable by the Court of Magistrate and the petitioner has no grievance and he is ready to face the trial.

3. The admitted fact is that this petitioner and other accused persons were found involved in selling and purchasing of counterfeit stamps. A large number of counterfeit stamps were seized. Sec. 255 of the Indian Penal Code runs as follows:

"255. Countedeiting Government stamp.Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any stamp issued by Government for the purpose of revenue, shall be punished with (imprisonment for life), or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."

4. From the language of Sec. 255 of the Indian Penal Code it is quite clear that the main ingredient of Section is that the accused must be found counterfeiting or knowingly involved in any part of the process of c


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