GORDHAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) 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.

(2.) Heard learned counsel for the parties and perused the entire material on record.

(3.) 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 & 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.