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2022 Supreme(Pat) 488

RAJAN GUPTA
Param Pal Singh Gandhi @ Param Pal Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: M/s Prabhat Ranjan, Rajeev Ranjan.
For the State : M/s Anjani Kumar, Md. Nadim Seraj, Md. Iqbal Asif Niazi.
For the Informant : Mr. Suresh Prasad Singh No.1.

RAJAN GUPTA, J.:–The matter pertains to a degree issued to an Officer of Punjab, namely, Parampal Singh Gandhi @ Param Pal Singh by Magadh University, Bodhgaya (Bihar).

2. An FIR i.e., Magadh University PS Case No. 46 of 2015 was registered alleging that the petitioner possessed a fake degree. In detailed FIR, various allegations against the petitioner and other co-accused were levelled. At the stage of framing charge, it appears that petitioner moved an application for discharge from the case. His grounds are laid out in the order of the Additional Chief Judicial Magistrate, IX, Gaya, in detail. A perusal of the charges and materials on record as also the law pertaining to framing of charge, the trial Court came to the following conclusion:—

“The charges proposed are cheating, forgery, using forged document and conspiracy. For cheating dishonest or fraudulent inducement to somebody is essential. Forgery presupposes creation of false documents and for conspiracy agreement between the two or more persons is necessary. Here, it is not shown when and where any person was deceived and dishonestly induced to do or omit to do something. In whole of the police report apart from the letters

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