ACHARYA BAL KRISHNA Vs. C B I THROUGH SUPERINTENDENT
LAWS(UTN)-2012-7-16
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on July 18,2012

Acharya Bal Krishna Appellant
VERSUS
C B I Through Superintendent Respondents

JUDGEMENT

- (1.) THE Central Bureau of Investigation, after conducting a preliminary inquiry, registered a First Information Report dated 24th July, 2011 disclosing the commission of offences u/S.120-B, 420, 468 and 471, I.P.C. read with Section 12 of the Passport Act, 1967 against the applicant and unknown persons. The crux of the first information report was, that the applicant, by deceit and fraud, obtained forged educational certificates, on the basis of which, he obtained an Indian Passport. It was also alleged that the applicant was not an Indian but was a citizen of Nepal and, consequently, an Indian Passport could not be issued. Against the first information report, the applicant filed a Crminal Writ Petition No. 632 of 2011 which' was ultimately disposed of with the direction that the applicant would not be arrested during the investigation and that he will co-operate in the investigation.
(2.) PURSUANT to the investigation, the C.B.I. has submitted a charge-sheet before the designated court indicating that the applicant and another person Naresh Chand Dwivedi are allegedly accused for the commission of offences u/S.120-B, 420, 468 and 471,I.P.C. read with Section 12 of the Passport Act. The charge-sheet has been accepted by the trial court and a summoning order has been issued asking the applicant to appear and face trial. The applicant, being aggrieved by the submission of the charge-sheet and issuance of the summoning order, has filed the present application u/S. 482, Cr.P.C. Heard Sri S.K. Agarwal, the learned Senior Counsel assisted by Sri Lokendra Dobhal and Sri Apurva Agarwal, the learned counsel for the petitioner and Sri Arvind Vashist, the learned counsel assisted by Mrs. Monika Pant, the learned counsel for the C.B.I.
(3.) THE charge-sheet runs into several pages but the upshot of the charge-sheet is, that the applicant by committing forgery and deceit has obtained a passport from the Passport Office on the basis of forged and fictitious educational certificates issued from Sri Sampurna Nand Sanskrit University and Sri Radha Krishna Sanskrit College. It is also alleged that the certificates obtained from Sri Radha Krishna Sanskrit College was done in connivance with Sri Naresh Chand Dwivedi who was the Principal of that college and a co-accused.;


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