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2022 Supreme(UK) 265

SANJAYA KUMAR MISHRA
Gulab Singh – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: B.M. Pingal.
For the Respondent: J.S. Virk.

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 n

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