Want to file Quash petition in forgery case

998 votes

Hello, Mere submission of a forged document does not by itself attract offences under Sections 420, 468 or 471 IPC. The prosecution must prove that you knew the document was forged and intended to cheat. Without knowledge and intention, criminal liability cannot be fastened. If the bonafide certificate was arranged by your uncle and you submitted it believing it to be genuine, the offence under Section 471 IPC is not made out. If you otherwise satisfied the recruitment requirement (4/7 rule), it further supports absence of dishonest intent. You can seek discharge before the Magistrate or quashing before the High Court if the case proceeds without proof of knowledge or intention.

Advocate Florence Reddy S LawRato

925 votes

even though you can prove your innocence before the competent authorities. and also can quash the proceedings initiated against you in the honble High court and restore your job. but get in to depth the incidental facts and grounds in your case

Advocate Pujari Triveni Reddy LawRato

611 votes

In cases under section 420 IPC , section 468 IPC, section 471 IPC the prosecution must prove that the accused knowingly used forged document or was involved in creating it. In your situation the first class Bonafide certificate was arranged by your uncle and you are not aware that it was forged. If you had no knowledge that the document was fake when an important element of the offence maybe missing. Also if the local status requirement for the recruitment was based on studying 4th to 7th class in the district and you are already satisfied with the requirement for a genuine certificate then the alleged forged first class certificate may not have affected the recruitment decision. In such circumstances you may approach the High Court for the state of Telangana by filing a petition under section 482 CRPC seeking to quash the criminal proceedings. the High Court has the power to quash a case if the allegations do not clearly make out offences if the case appears to be an abuse of the legal process. However, the high court will examine the FIR, investigation, records and evidence before deciding whether the cash should be quash or allowed to continue to trail. It is advisable to consult a criminal lawyer with all relevant documents to assess chances of success.

Advocate SK. Goresaheb LawRato