Back
High Court Of Calcutta
BHAGAWATI PRASAD BANERJEE
HEMENDRA NATH CHAKRABORTY - Appellant
Versus
STATE OF WEST BENGAL - Respondent
C. O. 3012 Of 1988
Decided On : 04/13/1989
CRIMINAL LAW - Forgery - Cheating - Section 419, 468 and 471 of the Indian Penal Code - Interpretation - Ingredients of Cheating and Cheating by Personation - Applicability to Discrepancy in Date of Birth - Legal Policy against Penalizing Without Clear Law - Speedy Trial as Fundamental Right - Quashing of FIR.
Fact of the Case:
The petitioner, a former employee of Rabindra Bharati University, was accused of forgery, cheating, and cheating by personation under Sections 419, 468, and 471 of the Indian Penal Code. The allegations against him included producing a tampered discharge certificate from the Indian Air Force and providing different dates of birth in his application and before the Selection Committee.
Finding of the Court:
The court found that the petitioner had not committed any offense under Section 419 of the Indian Penal Code as the discrepancy in his date of birth did not constitute cheating or cheating by personation. The court also held that the question of whether the discharge certificate was forged or interpolated was a matter to be decided by the criminal court.
Issues: 1. Whether the discrepancy in the petitioner's date of birth constituted cheating or cheating by personation under Section 419 of the Indian Penal Code. 2. Whether the alleged forgery of the discharge certificate was a matter to be decided by the criminal court.
Ratio Decidendi: 1. Cheating and cheating by personation require specific ingredients such as pretending to be another person, knowingly substituting one person for another, or representing oneself as someone else. A mere discrepancy in the date of birth, without any intent to deceive or cause wrongful gain or loss, does not fall within the ambit of these offenses. 2. The court recognized the principle of legal policy against penalizing individuals without a clear law. It emphasized the importance of avoiding constructions that penalize without clear legislative intent. In this case, the court found that the discrepancy in the petitioner's date of birth did not clearly fall within the mischief of Section 419 of the Indian Penal Code.
Final Decision: The court quashed the First Information Report (FIR) insofar as it related to the offense under Section 419 of the Indian Penal Code. The court directed the criminal court to decide the question of forgery or interpolation of the discharge certificate within a period of three months.
( 1 ) THIS writ petition was filed by the petitioner for quashing the First Information Report which was filed against the petitioner alleging offence under Section 419/468/471 of the Indian Penal Code on the basis of which a criminal case has been started.
( 2 ) THE case of the petitioner is that the petitioner passed Matriculation. Examination from the District of Moimansing under Dacca Board now in Bangladesh in the year 1948 and came to, India as refugee after partition in the year 1947 and got himself admitted in Intermediate Science Class, in Charu Chandra College, Calcutta. It is stated that at the time of his entry in the college, the petitioner did not get his original Matriculation Certificate from Dacca Board but on production of the school leaving certificate issued by the Director of the Schools, the petitioner was allowed to be admitted in College. While the petitioner was a student of Second year of Intermediate Science Class, the petitioner applied for the recruitment in the Indian Airforce and ultimately the petitioner was selected and joined in the Airforce sometime on August 1949. The petitioner served the Indian Airforce for more than 17 years on different places in different ranks and on 24th July 1967, the petitioner was demobilised from Indian Airforce while he was working as Sergeant though his substantive rank at the time of demobilisation was corporal. The petitioner availed of the leave accrued to him before his retirement and after availing of the leave the petitioner was demobilised on and from 19th November 1967. In 1976 the petitioner came to know that the posts of Security Officer-cum-Care-taker in the Rabindra Bharati University were vacant and would billed up. The petitioner applied for the said post and ultimately the petitioner was interviewed by the Vice-Chancellor of the Rabindra Bharati University and the petitioner was selected in the said post. On being selected for the post of Security Officer-cum-Caretaker of Rabindra Bharati University, the petitioner joined in the said post on 3rd February 1976 on ad hoc basis for a period of six months. On 2nd June 1976 on behalf of the Rabindra Bharati University an advertisement was published in the Statesman and Amrita Bazar Patrika inviting applications for the post of Security Officer-cum-Caretaker. The petitioner who was already working in the said post made an application pursuant to the said advertisement and the petitioner was interviewed by the Selection Committee consisting of the then Vice-Chancellor Vidyasagar University, Registrar of the Calcutta University, Registrar of Burdwan University, Registrar of Jadavpur University and the then Registrar of Rabindra Bharati University and the petitioner was selected by the said Selected Committee and that after selection the petitioner was appointed on probation for one year in the said post and after successful completion of probation period the petitioner was confirmed in the said post on 18th August 1977. It is stated that for some unknown reasons the Government of West Bengal held an enquiry into the affairs of Rabindra Bharati University and Dr. P. K. Chowdhury, the then Deputy Director to the Public Instruction (NGC) made inspection and submitted a report. During inspection the said Dr. P. K. Chowdhury interviewed amongst other, the petitioner, and wanted to know the particulars of the service under the Indian Airforce as also the date of birth. It is stated by the petitioner that at the time when the application for the post of Security Officer-cum-Caretaker was made, the petitioner had not with him School Leaving Certificate and from his memory be mentioned above his date of birth and that en 29th August 1987 some police men visited the petitioner's residence at about 3 p. m. in plain cloths and asked the petitioner to produce discharge certificate from the Indian Airforce and other papers. The petitioner produced the Certificate and other documents as asked by t
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
