Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2464 SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
WPCRL No.277 of 2025
Hon’ble Pankaj Purohit, J.
Mr. Girish Chandra Lakhchaura,
learned counsel for petitioner.
2. Mr. S.C. Dumka, learned D.A.G. with Ms. Sweta Badola Dobhal, learned Brief Holder for the State of Uttarakhand/ respondent Nos.1 & 2.
3. By means of the present criminal writ petition, petitioner has challenged the FIR No.193 of 2024 dated 25.11.2024, under Sections 318(4), 336(3), 338 and 340(2) of the B.N.S. Act, registered with Police Station Pithoragarh, District Pithoragarh.
4. It is contended by learned counsel for the petitioner that from perusal of the First Information Report, it is not clear as to what document has been forged by the petitioner to get the government job with the Government Ayurvedic Hospital, Banane, Jakhpant, Pithoragarh.
5. Learned State Counsel, on instruction, apprised the Court that while taking job of Swacchak (Sweeper)/Chowkidar, in Government Ayurvedic Hospital, Banane, Jakhpant, Pithoragarh, the petitioner submitted a transfer certificate, which on inquiry, was found to be fake one. As per the Head Master of his school, it is reported that at no point of time, the petitioner has received education from the Government Primary School, Linthyura, Pithoragarh.
2025:UHC:2464
6.
Learned counsel for the petitioner contends that since the transfer certificate allegedly produced by the petitioner being a fake certificate does not constitute the valuable security and therefore, Section 338 and 340(2) of the B.N.S. Act, are not made out against the petitioner.
7. So far as the argument of learned counsel for the petitioner that offences under Sections 338 and 340(2) of the B.N.S. Act, are not even prima-facie made out, is concerned, this Court is of the view that the offence under Section 318(4) BNS Act is apparently there as the petitioner has obtained government job by producing fake transfer certificate.
8. Having considered the submissions made by learned counsel for the parties, this Court is of the view that prima-facie the offence under Section 318(4) BNS Act is made out against the petitioner, therefore, this Court doesn’t incline to interfere in the matter. The allegations against the petitioner are grave and serious enough to be interfered by this Court.
9. Accordingly, the present writ petition is dismissed in-limine.
10. Pending application(s), if any, stands
disposed of.
(Pankaj Purohit, J.)
03.04.2025 PN