FIR against unknown forged document
Md. Sharique Iqubal
(Querist) 08 August 2015
This query is : Resolved
Hi,
My sister is a Govt. employee, she is a higher secondary school teacher. F.I.R has been lodged against her as her 10th marksheet is found forgery which is completely a matter of shocking news for us.
The scanario lies in this way that when she had passed her matriculation with first division in year 1993, she found her marks not satisfactory in one subject. So she consulted with the concerned clerks and principal of her school and surprisingly found that the marks in the crosslist was different from the marks written in marksheet.
The girl, after a couple of requests through applications and all, was provided an another revised marksheet with the actual marks and she moved on herself after a relaxing breathe. Considering the revised one as her actual marksheet, she provided it to take admission in intermediate, did her graduation, masters B.Ed all with topping marks MashaAllah and got selected for the post of teacher at Govt. Girls High School.
Now, after a CBI inspection of all teachers, it is being found that revised marksheet is not registered and considered as frogery. There is no any proof with us for the issue of swcond marksheet as no one was aware that will have to fall in such situation.
It would be highly appreciable and thankful if anyone can suggest me the steps to be followed in such situation as we are completely unaware of such cases.
Since, the FIR has been lodged against offences under 420, 408 etc., will the police be going to arrest my sister?
adv. rajeev ( rajoo )
(Expert) 08 August 2015
She can apply for anticipatory bail. She need not worry because she has got revised marks sheet with original one, which is issued by the school authority.
Sudhir Kumar, Advocate
(Expert) 09 August 2015
Prima-facie the story is not believable.
Why Principal/clerk should forge (or get forged) a marksheet unless bribed by beneficiary.
if you engage a very expert lawyer and can prove that someone else forged that marksheet and she never knew about the same,then slim chances are there that she may gt acquitted on benefit of doubt.
but given facts are fit enough for dismissal from service even if acquitted of criminal charge.
Sudhir Kumar, Advocate
(Expert) 09 August 2015
further a Govt servant is required to report facts of mater to the deptt, if on bail.
Md. Sharique Iqubal
(Querist) 09 August 2015
Yes true, but the revised marksheet is not found registered in board. and the matter is of 13yrs back leaving no any evidence of getting issued it after revision.
Thanks for your concern.
Md. Sharique Iqubal
(Querist) 09 August 2015
Marksheet is not forged one. After revisions with actual marks checked with the marksfile of the school, another marksheet was handed over to the student which might be forget to be registered in the board. The previous one is registered only. However, the candidate had no any benefit in increasing few marks, if she had to get forged she would have done it by good margin. The revised one differs with less than 1% of total marks.
Md. Sharique Iqubal
(Querist) 09 August 2015
I would like to know, before registering FIR shouldnt they have to get it checked with the school authority. They just checked in board office, not found and claimed.
Guest
(Expert) 09 August 2015
What is the present status of the case, (1) whether the CBI filed a Charge Sheet in the court of law, (2) whether you have engaged a lawyer or not to defend her case, (3) what is his opinion about the case, and (4) at what stage the trial is in the court of law?
Rajendra K Goyal
(Expert) 09 August 2015
What is the status of the case. Author need to reply the questions from expert PS Dhingra ji.
Md. Sharique Iqubal
(Querist) 09 August 2015
Yes FIR har been lodged, we have got a lawer and hopefully will be getting her bailed by tomorrow. For now, to resist humiliation from society, we are consulting with the police not to get her arrested and they are demanding for their desired amount. We will be requiring help from you all to get my innocent sister out of this case. I will be giving updates of the case with hope of extremely necessary suggestions from you.
Sudhir Kumar, Advocate
(Expert) 10 August 2015
From your query it seems that you have some defence evidence lying in school which you are not able to explain and your lawyer will be able to understand after discussion. The same will be useful at trial stage, if found tenable and relevant by your lawyer.
If bail is granted she is not arrested but she has liability to report the bail to the deptt.
If a govt servant goes in custody for 48+ hours he/she is deemed suspended still he/she has to report that arrest and bail to the deptt.
In such like cases the deptt also has a liberty to start disciplinary proceedings [which many persons will tell you that they cannot] without waiting fro court verdict and give a penalty even for dismissal from service. This development if comes should not be shocking for you.
Sudhir Kumar, Advocate
(Expert) 10 August 2015
further you have not narrated how old is her job, whether she has cleared probation.
Sudhir Kumar, Advocate
(Expert) 10 August 2015
you asked
"I would like to know, before registering FIR shouldnt they have to get it checked with the school authority. They just checked in board office, not found and claimed. "
when the Board disowns a marksheet it is prima-facies forged one the there is a prima-facie case. FIR does not appear hasty.
you also said
"the matter is of 13yrs back leaving no any evidence of getting issued it after revision. "
then how do you prove that someone forged the marksheet.
you also said
"However, the candidate had no any benefit in increasing few marks, if she had to get forged she would have done it by good margin. The revised one differs with less than 1% of total marks."
True . candidadate may not have needed the use the 1% marging but the facts do indicate that candidate had got marks increased. Not a strong one but with other facts this argument can be used be expert lawyer (based on facts) that motivation of crime did not exist.
You have also not stated :-
(i) whether any revision / recheking was applied with the board.
(ii) what happened to original marksheet.
(iii) whether the said clerk and Principal are contactable by you at this stage.
(iv) whether you have used RTI to get the necessasary papers form the School.
