GAURAV MALIK Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This petition has been filed under Article 227 of the Constitution of India read with Sec. 482 Cr.P.C. praying that the order dtd. 7/10/2020, passed by learned Principal District and Sessions Judge-cum-Special Judge (P.C. Act) (CBI) ('Special Judge', for short), Rouse Avenue District Courts, New Delhi, dismissing the revision petition filed by the petitioner against the order dtd. 25/1/2020, passed by the learned ACMM-2-cum-ACJ ('ACMM' for short), Rouse Avenue Courts, New Delhi, be set aside.

(2.) The petitioner was arraigned as an accused in Case No.CBI/430/2019, under Ss. 420/471/467/468 read with Sec. 201 IPC. The allegations against him are that he submitted a forged experience certificate allegedly obtained from M/s Krishna Engineering Company, to the UPSC and was offered the position of Training Officer in the Directorate of General Employment and Training (DGE&T). Subsequently, when the certificate was verified, it was found to be forged. Without the requisite certificate of experience, the petitioner was not eligible to even apply for the post. Hence, the proceedings were initiated against him.

(3.) It was considered appropriate by the learned ACMM to frame charge under Sec. 420/468/471/201 IPC but not under Sec. 467 IPC. This was upheld by the learned Special Judge vide the impugned order.