DEBASISH DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Invoking inherent jurisdiction of this Court the petitioners moved the instant criminal revision for quashing of the charge-sheet relating to the offences punishable under Sections 419/468/471 of the Indian Penal Code.

(2.) The prosecution case as it appears from the charge-sheet are as follows;

(3.) Mr. Sandipan Ganguly, the learned advocate, appearing on behalf of the petitioner submitted before this Court that on the face of the allegations no case punishable under Sec. 419 of the Indian Penal Code can said to have been made out and when there is no case of cheating, no case of forgery for cheating punishable under Sec. 468 of the Indian Penal Code using as genuine a forged document punishable under Sec. 471 of the Indian Penal Code cannot also be said to have been made out. According to Mr. Ganguly an offence punishable under Sec. 419 of the Indian Penal Code can be said to have been made out and a person is said to cheat by personation, if he cheats by pretending to be some other persons or by knowingly substitute one person for another or representing that he or any other person is a person other than he or such other person really is. He further submitted on the mere allegation that petitioner has obtained a job claiming himself to be belonging to the Scheduled Tribe and by producing a forged Caste Certificate cannot be said to have been committed an offence under Sec. 419 of the Indian Penal Code. On the other hand, Mr. Sobhendu Sekhar Roy, the Learned Counsel appearing on behalf of the State vehemently opposed this application for quashing and submitted this is a serious case where the petitioner has obtained his job in C.R.P.F. in reserved quota by producing forged certificate and the materials so far collected from the face of it clearly discloses commission of the offences for which charge-sheet has been submitted.