THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI CRIMINAL PETITION No.11504 of 2023

ORDER

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) by the petitioner, who is arrayed as Accused, to quash the proceedings against him in FIR No.255 of 2023 on the file of the P.S.Makthal, Narayanpet District, for the alleged offence punishable under Sections 420, 466, 467, 468 & 471 of I.P.C. and to pass such other order or orders in the interest of justice.

2. Learned counsel for the petitioner submitted that the provisions of Section 467 of IPC is not applicable in this case as the allegation is that the petitioner has produced a certificate issued by the Gouhati University at the time of appointment, which on verification was held to be not genuine. It is submitted that the Hon’ble Supreme Court in the case of Shriniwas Pandit Dharamadhikari Vs. State of Maharashtra, [(1980) 4 SCC 551], has held that the provisions of Section 467 of IPC are not applicable to a case where the certificates are alleged to have been forged to get admission into a college.

3. Heard the learned Assistant Public Prosecutor for respondent No.1 – State.

4. Having regard to the rival contentions, it is noticed that the petitioner is alleged to have produced the degree certificate from Gouhati University and the Gouhati University has reported that it is not a genuine certificate and therefore, the police have applied the provisions of Section 467 of IPC. However, in view of the law laid down by the Hon’ble Supreme Court in the case of Shriniwas Pandit Dharamadhikari (cited supra), this Court is also inclined to hold that the provisions of Section 467 of IPC are not applicable to the facts of this case as the degree certificate cannot be held as a valuable security under Section 30 of IPC.

5. Further, it is noticed that the other Sections under which the FIR has been registered, have prescribed punishment of below seven years, this Court deems fit and proper to direct the police to follow the procedure laid down under Section 41-A Cr.P.C. and also the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar, [(2014) 8 SCC 273] scrupulously and complete the investigation expeditiously.

6. Accordingly, the Criminal Petition is disposed of.

7. Miscellaneous applications, if any pending, shall also stand closed.

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JUSTICE T.MADHAVI DEVI Date: 22.01.2024 bak