THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION Nos.6519 AND 7353 OF 2008 Date: 16.11.2011 Crl.P.No.6519 OF 2008 Between: Abdul Hameed …..Petitioner And The State of A.P., rep. by Public Prosecutor, High Court of A.P., Hyderabad and another …..Respondents Crl.P.No.7353 OF 2008 Between: Ajeeth Chand Dubey and others …..Petitioners And The State of A.P., rep. by Public Prosecutor, High Court of A.P., Hyderabad and another …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION Nos.6519 AND 7353 OF 2008 COMMON ORDER: Petitioner in Crl.P.No.6519 of 2008 is accused No.5 and petitioners in Crl.P.No.7353 of 2008 are accused 1, 2, 3 and 6 in C.C.No.587 of 2005 on the file of the Court of XI Additional Chief Metropolitan Magistrate, Secunderabad (trial court). They have been charge-sheeted for an offence punishable under Section 471 of Indian Penal Code, 1860 (IPC) on the allegation that they have used fake rahadri certificate for recruitment in the Army. 2. Heard Sri J.C.Francis, learned counsel for the petitioners in Crl.P.No.7353 of 2008 and also learned Additional Public Prosecutor. Learned counsel for the petitioner in Crl.P.6519 of 2008 did not appear but since the arguments of Sri J.C.Francis have been heard and the case against all the petitioners is same, both the petitions taken up for disposal by this common order. 3. The relevant portion of the charge-sheet in the aforesaid case reads as follows: “During the course of investigation it is learnt that the accused persons, A1 to A6 who are educated youths from the rural areas of U.P. and who are very much interested in taking up a career with the Army have fallen prey in the hands of touts who promised them of getting selected in to the Army on making payment of money ranging from Rs.25,000/- to Rs.55,000/- the accused person who secured the fake (Rahdari Certificate) were made to believe that they have undergone selection into the Army recruitment and the certificates are guanine and the persons who supplied the documents could not be located for want of their whereabouts. Investigation made into this case shows that through the accused persons have not faked the documents for the purpose of cheating, they produced a document which was faked and since ignorance of the law is not excusable, all the accused persons put to gather are liable for punishment for an offence U/S 471 IPC only”. 4. Sri J.C.Francis pointed out that the above version in the charge- sheet itself would show that the petitioners did not forge the certificates but they are said to have procured the said certificates or got the said certificates from a third party and ultimately they were found to be forged. He further pointed out that the words used in the charge-sheet that the petitioners have been made to believe that the certificates were not forged would show that the petitioners had no intention to cheat. Having regard to the nature of the offence under Section 471 IPC which deals with using a false document and also having regard to the fact pointed out that the petitioners did not approach the competent authority for the certificates and as the petitioners were duly bound to ensure that certificates produced by them were not false, I am of the opinion that it is not advisable for this court to decide the truthfulness or otherwise of the plea of the petitioners in these criminal petitions. The matter involves disputed questions of fact which cannot be gone into in these petitions. In the circumstances, I am of the opinion that the petitioners should workout their remedies before the trial court by either moving an application for their discharge or other remedies which are available to them before it. 5. Accordingly, these two criminal petitions are dismissed. ___________________________ JUSTICE N.RAVI SHANKAR 16th November, 2011 Note: C.C. by tomorrow (B/o) Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION Nos.6519 AND 7353 OF 2008 DATE: 16.11.2011