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High Court of Punjab and HaryanaCRM-M/27464/2013dismissed

Om Parkash v. State Of Haryana And Another

2016-03-16Mr. Justice Dr. Bharat Bhushan Parsoon2 pages

CRM M-27464 of 2013

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM M-27464 of 2013 Date of decision : 16.03.2016 Om Parkash ....Petitioner V/s State of Haryana & anr.

....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Rajesh Lamba, Advocate for the petitioner. Mr. Sushil Gautam, DAG Haryana.

RAJAN GUPTA J.

Petitioner has impugned order dated 20.05.2013 (Annexure P-2) passed by Judicial Magistrate First Class, Charkhi Dadri. Contention raised before this court is that no wrongful loss has been caused to respondent at the hands of the petitioner nor any dishonest inducement has been made so that respondent no. 2 would deliver any property or alter or destroy any part of valuable security. Thus, ingredients of offence under section 420 IPC are not made out. Reliance is place on judgment reported as Md. Ibrahim & ors. vs. State of Bihar & anr. 2009(8) SCC 751. Prayer has been opposed by learned State counsel. Complaint was filed by respondent no. 2 alleging that petitioner obtained the job of Assistant District Attorney on the basis of wrong attestation done by accused ASI Atma Ram. Petitioner committed a fraud by giving a wrong address in his character attestation certificate. Had this not been done, his character could have been verified. It would have come to light AJAY KUMAR 2016.03.18 16:14 I attest to the accuracy and authenticity of this document

CRM M-27464 of 2013 that he was involved in case no. 335 registered at police station Sadar Dadri.

Keeping in view facts and circumstances of the case particularly the contention that ingredients of offence under section 420 IPC are not attracted, I find the order unsustainable. Same is here by set-aside. Matter is remitted to same court for consideration afresh on the basis of preliminary evidence already led. Petitioner shall be at liberty to place reliance on judgment in Md. Ibrahim's case (supra) before the court below. March 16,2016 (RAJAN GUPTA) Ajay JUDGE AJAY KUMAR 2016.03.18 16:14 I attest to the accuracy and authenticity of this document