Dismissed

Kiran Nashine v. State of Chhattisgarh

Chhattisgarh HC15 Sept 2023MCRCA/1041/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh rejected an application for anticipatory bail under Section 438 CrPC. The court held that the allegations involved a cognizable offence of forgery by a school principal issuing a fake transfer certificate, and thus the protective provisions of the RTE Act did not apply to bar FIR registration.

What did the court decide?

Application for anticipatory bail under Section 438 CrPC rejected.

Kiran Nashine Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRCA No. 1041 of 2023

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Kiran Nashine W/o Chhabilal Nashine Aged About 33 Years R/o Ward No.20, Shanti Nagar Chowk, Kesla, Police Station Kharora, District : Raipur, Chhattisgarh

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---- Applicant

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Versus

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State Of Chhattisgarh Through The Station House Officer, Police Station Suhela, District : Balodabazar-Bhathapara, Chhattisgarh

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---- Respondents

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For Applicant : Mr. Anil S. Pandey, Advocate. For State/ respondent : Mr. Vimlesh Bajpai, G.A.

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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15.09.2023

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This is the first bail application filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the applicant who is apprehending arrest in connection with Crime No.33 of 2023, registered at Police Station – Suhela, District – Baloda Bazar, Chhattisgarh for the offence punishable under Sections 420, 467, 466, 471 read with Section 34 of the Indian Penal Code.

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As per the case of the prosecution, complainant – Daneshwar Prasad Kosle lodged a report making allegation that at the relevant time she being Principal of SGS English Medium High School, Kharora prepared a forged transfer certificate and mark sheet of English Medium School of student Ku. Gunjan Verma and on the basis of said forged and fabricated transfer certificate, the said Naveen Verma provided admission to his daughter Ku. Gunjan

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Verma in Swami Atmanand Excellent English Medium School, Suhela by showing that the said student was studying in SGS English Medium High School, Kharora from 7.7.2021 to 27.9.2022 whereas, during the said period, the said student was the regular student of Saraswati Shishu Mandir, Suhela. On such complaint, the police registered the offence as stated above.

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Learned counsel for the applicant would submit that the child, namely, Ku. Gunjan Verma was pursuing her studies in SGS English Medium High School, Kharora from 7.7.2021 to 27.9.2022 and thereafter, a transfer certificate was issued in her favour as she was about to get admission at Swami Atmanand Excellent English Medium School. He would submit that according to provisions of the Right of Children to Free and Compulsory Education Act, 2009 (for short ‘the Act, 2009) any school may admit a student at any stage after recording satisfaction and there is no need of any authentic document. He would further submit that after due satisfaction as Ku. Gunjan Verma studied in Class-III in SGS English Medium High School, a transfer certificate was issued and there is no forgery or cheating. He would also submit that the certificate has been issued by the Principal of Saraswati Shishu Mandir, Suhela, District Baloda Bazar that in the academic year 2020-21 school was closed on account of COVID-19, therefore, the student took admission at SGS School. It is also stated that according to provisions of Sections 36 & 37 of the Right of Children to Free and Compulsory Education Act, 2009, without prior permission of the State Government, no offence can be registered. Thus, he would pray for grant of anticipatory bail to the

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applicant.

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On the other hand, learned State counsel would oppose the submissions made by counsel for the applicant. He would submit that the student, namely, Ku. Gunjan Verma was pursuing her studies at Saraswati Shishu Mandir, Suhela from the year 2017-18 to 2020-22 and transfer certificate was issued in her favour on 27.6.2022. He would further submit that there is no document to establish that the student had taken admission at SGS English Medium High School, Kharora but a forged transfer certificate was issued.

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I have heard learned counsel for the parties and perused the casediary.

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The allegation against the present applicant is that at the relevant time she was Principal of SGS English Medium High School, Kharora and she issued a forged transfer certificate in favour of a student of Class-III, namely, Ku. Gunjan Verma showing that she studied in school in the year 2021-22.

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From perusal of the case-diary, it appears that the student was pursuing her studies at Saraswati Shishu Mandir from 7.7.2021 to 27.9.2022 thereafter, on 27.6.2022 a transfer certificate was issued. It appears that a forged transfer certificate was issued in favour of Ku. Gunjan Verma and there are statements of the teachers of Saraswati Shishu Mandir. In the attendance Register, presence of the student was marked during that period.

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Taking into consideration the entire material and the fact that where institution or the authority of institution commits cognizable

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offence, FIR can be registered against such person and Sections 36 & 37 of the Act, 2009 would not attract, therefore, I am not inclined to release the present applicant on anticipatory bail.

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Accordingly, the instant bail application of the applicant filed under Section 438 of Cr.P.C. is rejected .

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Sd/(Rakesh Mohan Pandey) Judge

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Nimmi

Kiran Nashine v. State of Chhattisgarh

Case brief

What is this about?

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Kiran Nashine v. State of Chhattisgarh

Case brief

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