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1990 Supreme(Del) 396

MALIK SHARIEF-UD-DIN
TEJ SINGH – Appellant
Versus
STATE OF DELHI – Respondent


Malik, J.

( 1 ) EVEN though this case is on my board for a long time, the counsel for the parties have not put in any appearance. I, therefore, proceed to decide this revision petition on merits.

( 2 ) THE petitioner was convicted by the Court of the Metropolitan Magistrate under section 417, 468 and 471 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year on each count and also a fine of Rs. 500. 00 , indefault of payment of fine one month s rigorous imprisonment. The Additional Sessions Judge by his order dated 6th of June 1983 set aside the conviction under section 468 Indian Penal Code. (Sic) and maintained the conviction under sections 4fa8 and 471 of the Indian Penal Code.

( 3 ) THE petitioner was charged with the aforesaid offences on the ground that on his appointment as a Peon in the Badarpur Thermal Power Project he submitted a forged middle pass certificate from the A. H. Janta Inter College, Dadri, Bulandshahr, and on verification from the Principal it was found that the certificate was forged one. The charge goes to say that it was on the basis of the forged certificate that he procured this employment. The prosecution in support of its


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