Case Facts:
Patna High Court Cr.Misc. No.1690 of 2012 (2) dt.19-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1690 of 2012 ====================================================== Md. Parwez Alam @ Pervej Alam @ Parwaj Alam .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr.Rudradeo, Advocate For the Opposite Party : Mr. Anil Kumar Singh I, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 19-03-2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State on the point of admission and in my view, this petition can be disposed off at the admission stage itself. Petitioner has prayed for quashing the order dated 12.8.2011 passed by Sri Ashutosh Kumar Upadhyay, Judicial Magistrate, Ist Class Katihar in GR no. 1652/2001 arising out of Katihar (Mufassil) P.S. Case no. 360/2001 registered under [STATUTE] . The contention of learned counsel for petitioner is that the present case is hit by the Bihar Conduct of Examination Act, 1961 because according to the aforesaid Act Dy.S.P. has got power to investigate the offence and when there is special law in respect of the alleged occurrence, prosecution of petitioner in the present case can not be permitted to be proceeded. I am not at all convinced with the submissions of learned counsel for the petitioner because petitioner had applied for getting admission in Katihar Medical College, Katihar which is a private institution and allegedly, in place of petitioner, one co-accused, namely, Gottam Kumar, had appeared Patna High Court Cr.Misc. No.1690 of 2012 (2) dt.19-03-2012 in entrance examination in 2001. The aforesaid Bihar Conduct of Examination Act, 1961 is applicable in respect of only government institutions. Considering the aforesaid facts and circumstances as well as submissions of the parties, this petition is devoid of merit and accordingly, it is dismissed at the admission stage itself. Shahid/- (Hemant Kumar Srivastava, J)

Applicable IPC Section: 468

Statute Text:
Section 468 of the Indian Penal Code. Forgery for the purpose of cheating. Whoever commits forgery, intending that the document forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.