ACHARYA BAL KRISHNA Vs. C B I THROUGH SUPERINTENDENT
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Acharya Bal Krishna
C B I Through Superintendent
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(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
(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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