ANIL KUMAR CHOUDHARY
Rekha Kumari, d/o Chunilal Mahto – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the FIR and the entire criminal proceedings including the order dated 18.09.2021 passed by the learned Chief Judicial Magistrate, Ramgarh in Ramgarh P.S. Case No. 57 of 2020, corresponding to G.R. No. 933 of 2021 whereby and where under the learned Chief Judicial Magistrate, Ramgarh has taken cognizance of the offences punishable under Sections 420, 467, 468 and 471 of Indian Penal Code.
3. The brief fact of the case is that the petitioner obtained a B.Ed. degree certificate purportedly awarded by the Jodhpur National University for prosecuting a course of one year B.Ed. degree from Marwar B.Ed. College, Jodhpur. Initially in the year 2008, Marwar B.Ed. College was given recognition by the N.R.C., with Marwar B.Ed. College, Jodhpur is affiliated to the University of Jaipur. Subsequently, by fraudulent means, affiliation of Marwar B.Ed. College, Jodhpur was changed to that of Jodhpur National University. Jodhpur National University is a private university which cannot be an affiliated uni
Mohammed Ibrahim & Ors. vs. State of Bihar & Anr. reported in (2009) 8 SCC 751
Shriniwas Pandit Dharamadhikari vs. State of Maharashtra reported in (1980) 4 SCC 551
The court emphasized that ignorance of law is not an excuse, and a magistrate cannot modify charges during cognizance, affirming the need for proper authority in educational certification.
Forgery under Section 463 is complete upon the creation of a false document with the requisite fraudulent intent, regardless of actual loss or gain. Furthermore, an appellate court's power to impose ....
Point of Law : Power conferred under Section 482 of the Code to quash criminal proceedings for non-compoundable offences under Section 320 of Code can be exercised having overwhelmingly and predomina....
The continuation of criminal proceedings against an individual is an abuse of process when substantiated evidence negates the charges, as affirmed by the High Court.
The central legal point established in the judgment is the requirement of proving beyond reasonable doubt the essential ingredients of the offences punishable under sections 420, 468, and 471 of IPC.
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