Neutral Citation No. - 2024:AHC-LKO:33926
Court No. - 15
Case :- APPLICATION U/S 482 No. - 3734 of 2024
Applicant :- Sitaram
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. U.P. And Others
Counsel for Applicant :- Sudhir Kumar Misra
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for
respondent State.
Notices to respondent nos.2,3 and 4 are dispensed with in view
of the proposed order.
By this application the applicant has prayed for the following
reliefs:-
"Wherefore it is most respectfully prayed that this Hon'ble Court
may kindly be pleased to quash the impugned order dated 15-
03- 2024 passed in Criminal Revision No.13 of 2024 under
section 397/399 of the Criminal Procedure Code "Sitaram v/s
State of U.P & others" passed by the Session Judge, District-
Sultanpur as well as rejecting the application under section
156(3) of the Cr.P.C, under section 419, 420, 467, 468, 471,
201 & 506 I.PC at Police Station Kadipur, Sultanpur vide Order
dated 05-01-2024 by the Chief Judicial Magistrate Room No.16,
District-Sultanpur, in the interest of justice. Any other order or
direction which this Hon'ble Court may deem fit and proper
under the circumstances of the case also may be passed in
favor of the petitioner."
Learned counsel for the applicant submits that by showing the
date of birth as 15.7.1984 in the High School Marksheet, Ram
Asrey of his village got appointment on the post of safai karmai
from District Panchayat Raj Officer Sultanpur and is presently
working in Vikas Khand Kadipur, district Sultanpur. He submits
that the actual date of birth of Ram Asrey is 15.2.1970 and not
15.7.1984. According to his mark sheet and RTI information has
also been obtained by him from the concerned department he
gave an application to the police for lodging the FIR against
Ram Asrey and other co-accused, however, nothing has been
done. Thus an application under Section 156(3) Cr.P.C. has
been moved, which has been rejected.
Learned A.G.A. has opposed the contention and has submitted
that high school mark-sheet has been issued by the Board
which is statutory body and instrumentality of the State and is a
certified document. So far as the date of birth is concerned, if
such applications are allowed there will be flood of litigations.
Perused the record as well as impugned order dated 5.1.2024.
The relevant part of the impugned order dated 5.1.2024 is
extracted below:-
"पतቔኋवलली कके अवललोकन सके स्प्ቖ ह है कक स्वययं पቔኋरቕኍ दቔኋरቔኋ पहैरቔኋ -2 मम करन ककयቔኋ गयቔኋ ह है कक कवपकली
सयंख्यቔኋ-1 रቔኋम आसर के दቔኋरቔኋ हቔኋई स्कक ल ककी मቔኋकर शलीट कके आधቔኋर पर ननौकरली पቔኋ् ककयቔኋ गयቔኋ ह।है यहቔኋह
यह स्प्ቖ करनቔኋ आवश्यक ह है कक हቔኋई स्कक ल पमቔኋण पत सरकቔኋर / शቔኋसन दቔኋरቔኋ मቔኋन्यतቔኋ पቔኋ् बलोरर
/ सयंस्रቔኋन दቔኋरቔኋ जቔኋरली ककयቔኋ जቔኋतቔኋ ह।है हቔኋई स्कक ल मम अयंककत जन्मकतथर पमቔኋकणत कतथर हलोतली ह।है
पቔኋररनቔኋ पत मम वकणरत तथ्योሱ कके आधቔኋर पर ककसली सयंजकेय अपरቔኋध कቔኋ कቔኋररत हलोनቔኋ नहीሻ पቔኋयቔኋ जቔኋतቔኋ
ह।है तदन द नुसቔኋर पቔኋररनቔኋ पत कनरस्त ककयके जቔኋनके यलोग्य ह।है आदकेश आवकेदक ककी ओर सके पस्तनुत पቔኋररनቔኋ
पत अन्तगरत धቔኋरቔኋ-156 (3) दण्र पककयቔኋ सत कቔኋ कनरस्त ककयቔኋ जቔኋतቔኋ ह।है "
Perusal of the aforesaid order shows that the proposed accused
Ram Asrey had secured appointment on the basis of date of
birth recorded in the high school mark-sheet. Learned court
below has rejected the application under Section 156(3) Cr.P.C.
on the ground that the high school mark-sheet has been issued
by the Board, which is statutory body and is approved by the
State. On the basis of the facts mentioned in the application,
learned court below has found no cognizable offence.
Considering the above, I am not inclined to interfere with the
order impugned.
Accordingly, the application being devoid of merit is dismissed.
Order Date :- 30.4.2024
Madhu
Digitally signed by :-
MADHU KUMARI
High Court of Judicature at Allahabad,
Lucknow Bench