Disposed

Suresh Kumari and Ors. v. State of Rajasthan through Pp

Rajasthan HC22 Mar 2018CRLMP/788/2018

Case brief

AI extract

What is this about?

Meritless petition challenging Section 471 IPC charges. Court directed DG Police to form a 6-month SIT to investigate degree forgery at CMJ University, Meghalaya, and directing trial court to stay proceedings for 6 months pending the report.

What did the court decide?

Constitution of a Special Investigation Team by DG Police to investigate degree forgery in 6 months; trial proceedings stayed for same period.

Suresh Kumari and Ors. Vs State of Rajasthan through Pp — Cheating and Forgery | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 788/2018

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Suresh Kumari D/o Ramsingh, B/c Jat, Aged About 24 Years, R/o Khanpur, Police Station Singhana, District Jhunjhunu (Raj.).

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Naresh Kumar Sevaliya S/o Nandlal, B/c Raigar, Aged About 21 Years, R/o House No. 3/225, Housing Board Jhunjhunu, Police Station Kotwali Jhunjhunu, District Jhunjhunu (Raj.).

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Ummedsingh Dhayal S/o Khambhram, B/c Jat, Aged About 41 Years, R/o Jabnta Colony, Nawalgarh Road, Sikar, Thana Kotwali Sikar, District Sikar (Raj.).

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Rohitash Kumar S/o Naurangram, B/c Jat, Aged About 46 Years, R/o Chanana Thana Chidawa, District Jhunjhunu (Raj.).

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Smt. Sarvesh Meena D/o Phulsingh W/o Shrichand, B/c Meena, Aged About 29 Years, R/o Kalwadi, Tehsil Kathumar, Thana Khedli, District Alwar At Present Chana Thana Chidawa, District Jhunjhunu (Raj.).

¶8

Priyanka D/o Sanjay Kumar, B/c Ravana Rajput, Aged About 23 Years, R/o Kumawas At Present New Colony, Diffence Public School Ke Pass, Jhunjhunu, District Jhunjhunu (Raj.).

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Kumari Kavita D/o Surendra Kumar, B/c Jat, Aged About 22 Years, R/o Bas Bisna Tan Bhatiwad, District Jhunjhunu (Raj.).

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Rajendra Singh S/o Ramkumar, B/c Jat, Aged About 27 Years, R/o Dokwa Thana Sadulpur, District Churu (Raj.).

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Ramniwas S/o Bhagwanaram, B/c Jat, R/o Rupnagar, Tan Sigda, Thana Mandawa, District Jhunjhunu (Raj.).

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Sanjay S/o Suresh, B/c Khatik, Aged About 25 Years, R/o Babaai, Thana Khetri, District Jhunjhunu (Raj.).

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----Petitioners

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Versus

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State Of Rajasthan Through Pp.

----Respondent

(2 of 4)

[CRLMP-788/2018]

For Petitioner(s) : Mr. Amit Jindal with Mr. RK Gautam and Mr. GS Gautam For Respondent(s) : Mr. Prakash Thakuriya PP

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HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Order

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22/03/2018

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It has come to notice of this Court that large number of persons of State of Rajasthan either have been cheated or have obtained degrees pertaining to educational qualification from CMJ University, Meghalaya. Educational testimonials obtained from the University were required to be verified when a candidate had to join services of the State of Rajasthan. Thus, it is discernible that either the residents of the State of Rajasthan have been cheated or they have been party to obtain forged degrees from CMJ University, Meghalaya.

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In the present case, cognizance for offence under Section 471 IPC was taken. The learned counsel for the petitioners has raised an objection that until it is proved that documents are forged, petitioners cannot be tried for offence under Section 471 IPC. Section 471 IPC reads as under:-

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“471. Using as genuine a forged document or electronic record. —Whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be a forged document or electronic record, shall be punished in the same manner as if he had forged such document or electronic record”

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To blunt the argument raised, an inquiry is required to be conducted as to who have forged degrees, and who have issued such degrees. Therefore, the persons who have been

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(3 of 4)

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[CRLMP-788/2018]

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instrumental in issuing the degrees after accepting the illegal gratification are also required to be prosecuted.

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The trial court at this juncture, cannot take cognizance against those persons who have not been sent for trial under Section 190 Cr.P.C., as their names and particulars are not known. Hence, it is necessary that an inquiry should be conducted to find out the real culprits.

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Therefore, Director General of Police, State of Rajasthan is directed to constitute a Special Investigation Team to be headed by IPS Officer, which shall unearth the modus operndi of issuance of forged and fabricated educational degrees to the residents of the State of Rajasthan, on strength of which they have applied for various government posts and have succeeded for appointments also. The Special Investigation Team so constituted shall conclude the inquiry within a period of six months from the date of receipt of certified copy of this order.

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The Special Investigation Team if comes to conclusion that number of persons are involved in issuance of forged degrees, shall file a supplementary report of investigation under Section 173(8) Cr.P.C. A further direction is issued to the trial court to keep the proceedings in abeyance for a period of six months to await the report of Special Investigation Team constituted by this Court.

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Needless to say that Special Investigation Team shall also inquire whether degree obtained by the petitioners are forged or not, if Special Investigation Team come to conclusion that such degrees are not forged, they may if so advised file supplementary report absolving the petitioners of the offences by filing a report under Section 173(8) Cr.P.C.

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(4 of 4)

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[CRLMP-788/2018]

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With the directions issued above, the present petition is disposed of.

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Copy of this order be sent to Director General of Police, State of Rajasthan. A copy of this order under the seal and signature of the Court Master be handed over to the learned Public Prosecutor for onward transmission and necessary compliance.

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(KANWALJIT SINGH AHLUWALIA),J

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Mak/-

Suresh Kumari and Ors. v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Suresh Kumari and Ors. v. State of Rajasthan through Pp

Case brief

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What did the court decide?

What the court decided

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