Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.427 of 2012 ====================================================== Anita Kumari, W/o Sri Akhilesh Kumar, D/o Dhanu Prasad, resident of village-Surajdih, P.S.-Sirdala, District-Nawada. .... .... Petitioner Versus 1. The State of Bihar. 2. The Director General of Police, Bihar, Patna. 3. The Inspector General of Police, Bihar, Patna. 4. The Deputy Inspector General of Police, Magadh Range, Gaya. 5. The Collector, Nawada. 6. The Superintendent of Police, District-Nawada. 7. The Deputy Superintendent of Police, Rajauli, District-Nawada. 8. The Station House Officer, Sirdala, District-Nawada. 9. The District Education Officer, Nawada. 10. The District Teachers Appointment Appellate Authority, Nawada. 11. The Block Education Extension Officer, Sirdala, District-Nawada. 12. The Secretary, Bihar School Examination Board, Bihar, Patna. .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 25-06-2012 Heard learned counsel for the petitioner and the State. The petitioner has prayed for quashing the F.I.R. of Sirdala P.S. Case No. 135 of 2011 dated 19.10.2011 instituted under [STATUTE] . It is contended that the informant had instituted the case mechanically without verifying the bonafide of the certificate of the petitioner. Patna High Court CR. WJC No.427 of 2012 (2) dt.25-06-2012 2 / 2 2 The F.I.R. has been instituted pursuant to a written report submitted by the Block Education Extension Officer, Sirdala, Nawada to the Officer-in-Charge of the police station, in which, it has been alleged that the petitioner obtained employment in government service on the basis of forged mark-sheet. Since the matter is under investigation, it is for the police to verify as to whether the allegations made in the F.I.R. are true or not. In my view, plausible defence of the accused is not to be seen at this stage. While the case is under investigation, it is the allegation appearing in the F.I.R. which is to be seen by the Court. Credibility or otherwise of defence version can only be adjudicated at the time of trial. The application being devoid of any merit is dismissed. Sanjeet/- (Ashwani Kumar Singh, J)

Applicable IPC Section: 420

Statute Text:
Section 420 of the Indian Penal Code. Cheating and there by dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.