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2004 DIGILAW 594 (AP)

Iqbal Hussain v. Mandal Revenue

2004-06-23

T.CH.SURYA RAO

body2004
T. SURYA RAO, J. ( 1 ) THE petitioner-sole accused seeks to quash the proceedings in Cr. No. 43 of 2001 dated 20-3-2001 registered against him under Section 420 of the Indian penal Code (for brevity the IPC ) by the station House Officer, Kadiri Town Police station on the premise that the petitioner obtained a false caste certificate that he belongs to Dudekula Community which comes within the category of B. C. (B), although he belongs to Muslim community, falsely, and thereby he cheated the State and having thus obtained a false caste certificate and with the aid of the same he appeared for the selection for the post of Medical practitioner in Unani Medicine. When it is said to have been revealed in the course of counselling in the said selection process, the collector of the District concerned directed the Mandal Revenue Officer to launch prosecution against the petitioner. Consequently, on the report given by the mandal Revenue Officer the above crime has been registered against the petitioner for the offence punishable under Section 420 of the I. P. C. The petitioner is now seeking to quash the said proceedings on the premise that Section 420 of the I. P. C. has no application to the facts inasmuch as the caste certificate said to have been obtained falsely by the petitioner is neither a property nor a valuable security. Section 420 of the ipc is the aggravated form of the offence of cheating which has been defined under section 415 of the IPC. Section 415 reads as under:"whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property, to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat". ( 2 ) THE offence of cheating as defined under Section 415 of the IPC is complete when the perpetrator deceives another person with fraudulent or dishonest intention and induces that person to deliver any property or to retain any property or induces the person to do or omit to do anything which he would not have done but for the deception played which may likely to result in causing damage or harm either to body or mind or reputation or property of that person. ( 3 ) THE offence punishable under section 420 of the IPC is an aggravated form of offence of cheating. Section 420 of the IPC reads as under:"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. "to constitute the offence of cheating punishable under Section 420 of the IPC the person cheated shall deliver any property; or to make, alter or destroy (i) the whole or any part of a valuable security; and (ii) anything which is signed or sealed and which is capable of being converted into a valuable security. It is thus obvious that making or altering or destroying anything which is signed or sealed and which is capable of being converted into a valuable security is one of the essential ingredients that constitute the offence of cheating punishable under Section 420 of the IPC. ( 4 ) HAVING regard to the matrix of the instant case, we are not concerned with delivery of any property or destruction of whole or any part of the property, but we are concerned with making anything which is signed or sealed and which is capable of being converted into a valuable security. The document in question in this case is a caste certificate, which is made on account of the deception played with a fraudulent or dishonest intention so as to use that certificate to get the benefits of reservation either in educational institutions or in the employment. The document in question in this case is a caste certificate, which is made on account of the deception played with a fraudulent or dishonest intention so as to use that certificate to get the benefits of reservation either in educational institutions or in the employment. It is thus obvious that the caste certificate which can be converted into a valuable security is a property by itself. It is apt here to quote a passage in Dr. Sir Hari Singh Gour s Penal law of India, 10th Edition at Page 3694 thus:"the term "property" as used in this connection is wide enough to include anything capable of ownership. An admission card which enables a candidate to sit for the M. A. Examination of a University is "property". Property includes money, an examination certificate, but not immovable property". The Apex Court in Abhayanand Mishra v. State of Bihar, AIR 1961 SC 1698 , held as thus:"an admission card to sit for the M. A. Examination of a University is property within i the meaning of Section 420 Penal Code. Though the admission card as such has no pecuniary value it has immense value to the candidate for the examination. Without it he cannot secure admission to the examination hall and consequently cannot appear at the examination". ( 5 ) IT is obvious that the term property envisaged in Section 420 of the Code need not necessarily be a corporeal property. The definition is so wide enough to include even the certificates which are valuable. In the instant case, the document in question is a caste certificate. With the aid of the said certificate, the petitioner can claim the necessary benefits given to Backward Class people coming within the category of b. C. (B ). In my considered view, the certificate will definitely come within the expression of property . The contention of the learned Counsel for the petitioner, that it is neither property nor valuable security, having regard to the above clear legal position, merits no consideration. According to the facts the petitioner played fraud on the authorities and obtained allegedly a false caste certificate so as to claim the benefits of Backward Class people. The alleged facts prima facie attract the provisions of section 420 of the IPC. ( 6 ) FOR the above reasons, the request of the petitioner to quash the proceedings at the threshold cannot be considered. The alleged facts prima facie attract the provisions of section 420 of the IPC. ( 6 ) FOR the above reasons, the request of the petitioner to quash the proceedings at the threshold cannot be considered. The petition must fail and is dismissed.