A school or college certificate is not considered a valuable security under Section 467 of the Indian Penal Code.

JUDGMENT :

SANJAYA KUMAR MISHRA, J.

1. The petitioner, who is working as Assistant Teacher (L.T. Grade) has filed this writ application under Article 226 of the Constitution praying to issue a writ of certiorari quashing the First Information Report dated 18.05.2022, numbered as 0023 of 2022, for the offence under Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860, (hereinafter referred to as ‘the Penal Code)’ SHO of Police Station Augustmuni, District Rudraprayag. Petitioner has also prayed for issuance of a writ of mandamus directing the respondent nos. 1 and 2 not to arrest the petitioner and not to take any coercive steps against him in pursuance to the FIR lodged by the respondent no. 3.

2. Learned counsel for the petitioner at this stage submits that the allegations against the petitioner is that he has produced the B.Ed. examinations certificate, which according to the prosecution is forged. Learned counsel for the petitioner further submits that even if it held that the allegations made in the FIR as well as by the Police in the charge-sheet are correct, then also the offence under Section 467 of the Penal Code is not made out as a school or college certificate is not a valuable security under Section 467 of the Code. Learned counsel for the writ applicant has relied upon the judgments Bhausaheb Kali Patil vs. State of Maharashtra, AIR 1981 SC 80 and on a unreported case of Hon’ble High Court of Bombay, in Writ Petition No. 2281 of 2021, Dr. Swapna Patkar vs. State of Maharashtra and Others, on its order dated 27.07.2021.

3. Learned Deputy Advocate General at this stage, would submit that in the meantime, the investigation of the case has been completed and the charge-sheet has been submitted under Sections 420, 467, 468, 471 of the Penal Code and there is no reason to interfere with the same.

4. Mr. Pingal, learned counsel for the writ applicant would further submit that at this stage, the petitioner does not want to press the case of quashing of the FIR with respect to the offence under Sections 420, 468 and 471 IPC.

5. In order to bring home the offence under Section 467 of the Code, certain ingredients have to be satisfied. It is appropriate to quote the exact words of Section 467 IPC, which reads as follows:

“467. Forgery of valuable security, will, etc. - Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with [imprisonment for life] or with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

Similarly, Section 468 of the Code provides as follows:

468. Forgery for purpose of cheating - Whoever commits forgery, intending that the [document or electronic record forged] shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”

6. Thus, the essential ingredients that are required to be satisfied by the prosecution in a case under Section 467 of the Code, among others, is that the documents’ in one of the kinds enumerated in the said Section. The Section provides that whoever forges any valuable security or an authority of the specified kind or any documents purported to be in acquittance on receipt acknowledging payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security.

7. It is apparent from the record that certificate showing the petitioner to have cleared an examination is not a will. It is not an author