Gordhan Singh vs State of Uttarakhand and Others

Dharam Veer, J.—By means of this writ petition, the petitioners have prayed to issue writ in the nature certiorari quashing the impugned FIR lodged as Case Crime No. 276/2009 u/s 420/467/468/471 IPC, PS Dalanwala, District Dehradun.

Heard learned Counsel for the parties and perused the entire material on record.

In nutshell, the case of the prosecution is that respondent No. 3-Smt. Sangeeta lodged an FIR stating therein that the petitioner qualified the L.L.B. Examination thereby cheating the DAVPG College, Dehradun from the years 2003 to 2006 as a regular student, whose roll number is 604793 and enrollment number is G03603370. It was further stated that the petitioner is a Sepoy in Army and during the relevant period i.e. from 2003 till 2006, he was deployed in the interior areas of Jammu and Kashmir and also in Punjab. It was further stated that the petitioner, showing himself to be a regular student, got prepared a forged income certificate of scheduled caste and also received the scholarship. It was also stated that the petitioner did not obtain any permission from his concerned department for pursuing the LLB Degree, which itself proves that the petitioner obtained the LLB Degree by cheating the DAVPG College, Derhadun and he also cheated the Social Welfare Department, Dehradun thereby receiving the scholarship. With the same averments, the FIR was lodged.

Learned Counsel for the petitioner by submitted that the petitioner has been falsely implicated. Learned Addl. GA vehemently opposed this argument of learned Counsel for the petitioner and submitted that in the investigation, it has specifically come that the petitioner cheated the DAV PG College thereby obtained the LLB Degree from the years 2003 to 2006 showing himself to be a regular student, however during the said period, he was deployed in the Army in the interior areas of Jammu and Kashmir and in Punjab. He further stated that the petitioner also cheated the Social Welfare Department, Dehradun whereby he received the scholarship showing himself to be a candidate of scheduled caste.

After considering the entire facts and circumstances of the case and upon hearing learned Counsel for the parties as well as on perusal of FIR and also seeing the gravity of the offence, I am of the view that at this stage, prima facie offences the punishable u/s 420/467/468/471 IPC are made out against the petitioner and the petition is liable to be dismissed summarily.

The writ petition is dismissed in limine.