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2022 Supreme(MP) 1373

RAVI MALIMATH, VISHAL MISHRA
Preeti Gautam – Appellant
Versus
Central Bureau of Investigation Vyapam Scam Cases District Bhopal – Respondent


Advocates Appeared:
Shri Piyush Bhatnagar - Advocate, for the Appellant; Shri Vikram Singh - Advocate, for the Respondent

Judgement Key Points

Based on the provided legal document, the key legal principles and conclusions are as follows:

  1. Interpretation of "Valuable Security" under Section 467 of the Indian Penal Code (IPC): The court emphasized that "Valuable Security" refers to documents that create, extend, transfer, restrict, extinguish, or release legal rights, or acknowledge legal liabilities. The definition is broad and includes various documents that hold legal significance, not limited to the specific examples listed under Section 467.

  2. Application to Document Tampering Cases: The court held that tampering with documents related to examinations and results can be considered as tampering with a "Valuable Security" if the tampered document is capable of creating or acknowledging legal rights or liabilities. The court rejected the argument that such documents do not fall within the scope of "Valuable Security" simply because they are not explicitly listed under Section 467.

  3. Prima Facie Case for Prosecution: The court found that there was a strong prima facie case against the petitioner for the offence under Section 467, as the tampered documents were deemed to be valuable securities. Consequently, the charges were upheld, and the revision petitions were dismissed.

  4. Broader Interpretation of "Valuable Security": The court indicated that the meaning of "Valuable Security" should not be narrowly confined to traditional or specific documents but should be understood in a broader context, considering the evolving nature of documents and their legal significance.

  5. Rejection of Quashing of Charges: The petitioner’s plea to quash charges under Section 467 was rejected, as the court found that the allegations and evidence sufficiently indicated that the tampered documents could be classified as valuable securities, warranting prosecution under the relevant section.

In summary, the court reaffirmed that tampering with documents that can be considered as creating or acknowledging legal rights or liabilities constitutes an offence under Section 467 of the IPC, and such cases should proceed to trial if there is a prima facie case.


ORDER

1. Criminal Revision No.3929 of 2022 is filed by petitioner - Preeti Gautam against the order dated 27.12.2021 passed by the trial Court in S.T.No.1200936 of 2014 and Criminal Revision No.3930 of 2022 is filed by petitioner - Ranu Sen against the order dated 09.05.2022 passed by the trial Court in S.T.No.1200704 of 2014.

2. Since the facts and question of law involved herein are similar, they are taken up for consideration together. The facts as stated in Criminal Revision No.3929 of 2022 are being narrated for the sake of convenience.

3. The case of the petitioner is that she participated in the Contract School Teacher Eligibility Exam Class-III in the year 2011. It was conducted by the Professional Examination Board, Madhya Pradesh. It was alleged that she colluded alongwith the employees, an officer of the Professional Examination Board and various other persons for purposes of getting the marks increased in the exam and the answersheets namely in the OMR sheets as well as the other examination relating to the electronic document that were found to be forged. As a consequence whereof, F.I.R. No.19 of 2013 was registered by the Special Task Force, Bhopal for the offences punis

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