MANISH KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This petition is filed by the petitioner/accused for quashing of the summoning order dtd. 27/7/2024 passed by learned Chief Judicial Magistrate, Almora as well as chargesheet dtd. 27/6/2024 in Criminal Case No. 664 of 2024 "State vs. Manish Kumar" under Ss. 420, 467, 468 and 471 I.P.C.

(2.) Brief facts of the case are that the petitioner applied for the post of Gramin Dak Sewak and submitted application along with relevant documents for the said post against an advertisement issued by Government of India; that, after completion of screening procedure, the petitioner was appointed as Gramin Dak Sewak on provisional basis at Post Office Syalidhar Almora; that, respondent no.3 has lodged an F.I.R. dtd. 19/1/2024 at P.S. Kotwali Almora, District Almora against the petitioner/accused alleging therein that the petitioner/accused has got the job of Assistant Branch Post Master (Gramin Dak Sewak) on the basis of fake High School Certificate; that, in pursuance of the said F.I.R., the Investigating Officer after completion of the investigation has submitted charge sheet against the petitioner/accused under Ss. 420, 467, 468 and 471 I.P.C. and the court of Chief Judicial Magistrate, Almora issued cognizance order against the petitioner/accused vide order dtd. 27/6/2024 in Criminal Case No. 664 of 2024. Hence, this petition is filed by the petitioner to quash the entire criminal proceedings.

(3.) Counsel for the petitioner would submit that the petitioner/accused after having successfully completed the screening procedure got his appointment in the postal department and has discharged his duties with due diligence; that, it is shocking and surprising to the petitioner/accused that the F.I.R. has been registered against him; that, offences under Ss. 467, 468, 420 I.P.C. are not made out against the petitioner for the reason that Sec. 467 I.P.C. prescribes punishment for forgery of a valuable security.