MOHD. HANIF Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) The instant misc. petition has been preferred by the petitioner against the order dated 18.7.2012 passed by the learned Sessions Judge, Jaisalmer in revision whereby the Revisional Court accepted the revision preferred by the petitioner in part and modified the order dated 14.12.2011 passed by learned Chief Judicial Magistrate, Jaisalmer in F.R. No. 268/2011 taking cognizance against the petitioner for the offences under Sections 420, 467, 468 and 471 I.P.C.

(2.) Briefly stated the facts of the case are that the respondent no. 2 complainant filed a first information report against the petitioner alleging that the petitioner used a forged school Transfer Certificate and thereby managed to procure a guide's licence from the Tourism Department.

(3.) The police investigated the matter and submitted a final report with the finding that the educational qualification was not a pre-requisite for getting licence of guide. The learned Magistrate, however, rejected the final report and took cognizance against the petitioner for the offences u/ss. 420, 467, 468 and 471 I.P.C. The Revisional Court partly accepted the petitioner's revision and quashed the order taking cognizance to the extent of the offences u/ss. 420, 467 and 468 I.P.C. holding that educational qualification was not a requirement to get a guide's licence. It was also held that there was no evidence to show that the petitioner forged the document. However, for using the Transfer Certificate knowing it not to be genuine, the petitioner's prosecution for the offence u/s. 471 I.P.C. was upheld.