Code of Criminal Procedure . The
Court stated its opinion in the following
words :
“34……..There may be situations where the
entry made in the matriculation
Case Crime 252 of 2016 under Section 364 A of the Penal Code. The allegation is
that the appellant received a call on his cell ... relied upon. The matriculation certificate, in other words, is given
precedence. It is in the absence of a matriculation certificate that the date of birth
birth recorded in the service book on the basis
of the Matriculation Certificate in which the date was mentioned as
25.3.1962. It is the case ... matriculation certificate, as
claimed by him, he took more than three years to issue the notice under
1
Section 80 of the CPC and then
basis of tests in parade, general law (Indian Penal Code,
Criminal Procedure Code, Indian Evidence Act and Local and Special Laws)
interview and examination ... basis of test in parade, general law, ( Indian Penal Code ,
Criminal Procedure Code and Police Rules), interview and examination of
records: -
(2) All candidates
Sections 420 , 467 , 468 , 471 I.P.C. is made out against the applicants. The present application under Section 482 Cr.P.C. is devoid ... certificate i.e. matriculation/high school examination certificate.
14. In paragraph 22 of the affidavit accompanying the present application under Section 482
part of the statement of the petitioner Priyanka recorded under Section 164 Cr.P.C. before the C.J.M. Budaun is being quoted ... Magistrate under Section 164 Cr.P.C. her father Sukhlal made an application bringing on record photostat copies of her matriculation certificate, the marksheet issued
limited to finding out the date of birth recorded in the matriculation or equivalent certificate. It was also submitted that Central Rules framed under Section ... conducted in accordance with the provisions of the Code of Criminal Procedure by virtue of section 54(1) of the Act, 2000, therefore, the statutory
statement under Section 313 , Code of Criminal
Procedure, 1973 (hereinafter ― Cr.P.C .‖), the appellant
had admitted his signature on the application form for
issuance ... aspect, during the
recording of his statement under Section 313 of the Cr.P.C., deposed
thus:
―I have nothing to say with respect
accused
/ opposite party no.2 in accordance with Section 227 of the
Cr.P.C.
2. It has been submitted on behalf of petitioner that ... cognizance, matriculation certificate was filed and after
considering the same, cognizance of an offence punishable under
section 366A, 376, 363 of the IPC was taken
under
Sections 420 , 468 and 471 of the Indian Penal Code (for short the
„ I.P.C .‟) and issuing process against her for appearance ... Choudhury. She has not passed Matriculation Examination in
1972 and thereby committed offence under Section 417 , 468
and 471 IPC and is liable thereunder
