TMI Blog1975 (11) TMI 173X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the State of Madhya Pradesh in the High Court against the order of acquittal of the appellant under section 465 read with section 471 or the Indian Penal Code was competent under the law. The accused (appellant) secured an appointment of Senior operator Trainee in the Bhilai Steel Project by submitting two forged certificates. The first certificate was regarding his passing the Bachelor of Science examination with Mathematics,` Physics and Chemistry in 2nd Division from the University of Sagar. The second document was an attested copy of his Matriculation certificate in proof of age where his date of birth was shown as `August 21, 1941. ' ,, The minimum educational qualification for the post was that the candidate must be a Scie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the sentence to six months' rigorous imprisonment maintaining the fine. The State of Madhya Pradesh preferred an appeal to the High Court against the acquittal of the accused under section 465 read with section 471' IPC. The accused also preferred a revision application against his conviction under section 420 IPC. Both the matters were heard together and by a common judgment the High Court dismissed the revision application of the accused and allowed the State's appeal and convicted the accused under section 465 read with section 471 and sentenced him to rigorous imprisonment for one year. Hence this appeal by special leave. It is submitted on behalf of the appellant that the appeal to the High Court was not competent i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 484(1), Cr. P.C. The Delhi Special Police Establishment (briefly the Establishment), a central police force, is constituted under the Delhi Special Police Establishment Act, 1946 (Act XXV of 1946) (briefly the Delhi Act). Under section 2 of the Act, the Central Government may constitute a special police force, called the Delhi Special Police Establishment, for investigation of certain offences or class of offences as notified under section 3 of the Delhi Act. Under section 4 of the Act the Superintendence of the Delhi Special Police Establishment vests in the Central Government and administration of the Special Police Establishment vests in an officer appointed by the Central Government who exercises powers exercisable by an Ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the Establishment also on the direction of the Central Government. In view of the provisions of the Delhi Act it was necessary to introduce sub-section (2) in section 417 so that this Central Agency which is solely and intimately connected with the investigation of the specified offences may also approach the Central Government for direction to appeal in appropriate cases. This, however, does not bar the jurisdiction of the State Government also to direct presentation of appeals when it is moved by the Establishment. The establishment can move either the Central Government or the State Government. It will be purely a matter of procedure whether it moves the State Government directly or through the Central Government or in a given c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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