NARESH CHAND Vs. STATE OF H P

JUDGEMENT

(1.) Through the instant petition, the petitioner prays for quashing of FIR No. 13 of 2010, of 14.8.2010, registered with Anti Corruption, District Solan at Police Station, Solan, H.P., constituting therein commission, of offences punishable under Sections 420, 467, 4787, 471 and 120-B of the IPC and Section 13(2) of the Prevention of Corruption Act, 1988 AND also therein, relief, for, proceedings in consequence thereto pending before the learned trial Court concerned being also ordered to be quashed and set aside, are, prayed for.

(2.) The petitioner is serving as a driver at the Office of BMO, Chandi, District Solan, H.P. In the matriculation certificate of the petitioner, his date of birth is recorded, as 27.11.1967. The prosecution contends (i) that his date of birth in the apposite original leaf, of, the service book, of the petitioner, maintained at the office of his employer, bears consonance with his matriculation certificate, AND stood, depicted as 27.11.1967, (ii) yet it is alleged, by, the prosecution that (a) the aforesaid original leaf of the service book, of, the petitioner has been misplaced, (b) and the petitioner therein, had therein untenably altered his date of birth, from 27.11.1967 to 27.11.1969, (c) visibly for getting benefits of serving, for, longer duration(s) of time, in the department concerned, (d) besides the prosecution alleges, that, upon the petitioner apprehending, detection of, his wrongful tamperings with the original leaf of his service book, (e) thereupon, his for hence precluding detection(s) thereof, his replacing it with a new leaf, embodying therein, his date of birth as 27.11.1967.

(3.) The learned counsel appearing for the petitioner has contended with vigour, that, since the original apposite leaf, occurring, in the service book of the petitioner, is not traced and (b) with the replaced leaf thereof, bearing consonance, with the date of birth of the petitioner, occurring, in his matriculation certificate, thereupon, prima faice no wrongful loss would be caused vis-a-vis the State exchequer nor any wrongful gain would occur to the petitioner, especially qua his purportedly elongating the duration of his service.