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1958 Supreme(P&H) 41

D.FALSHAW
Hoshiar Singh S/o Jug Lal – Appellant
Versus
State – Respondent


Judgment

D.Falshaw, J.

1. This is a somewhat usual application filed under Section 561A of the Criminal Procedure Code by Hoshiar Singh in the following circumstances. As a result of a report officially lodged with the police on behalf of the Punjab University the petitioner was prosecuted along with two other persons, one being Mulk Raj a former clerk employed by the Punjab University, and the other being Vishnu Dutt, the head of the institution known as Gandhi Mahavidayala at Rohtak at which Hoshiar Singh was a student. Briefly the basis of the case was that Hoshiar Singh had used a forged result intimation card of the Punjab University for the purpose of obtaining a B. A., degree, and he was charged on this account under Section 465/471, I. P. C. Mulkh Raj was charged with the offence of forging the document in question and Vishnu Dutta was charged with abetment of the offence of forgery.

2. The investigation and trial apparently took a long time and the case was only decided in March 1956 by a Magistrate at Delhi, who convicted the petitioner and sentenced him to two years rigorous imprisonment, but acquitted the other two accused on the ground that the offences alleged against






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