Regarding Fake School Transfer certificate

1. School Certificate was issued by School Clerk, who may have forged it with or without collusion from Principal.  The Principal is at legal fault, for not filing Police FIR on clerk immediately when Principal gets knowledge of such forgery.

2. Father did not Forge the School Certificate, since the Stamp /Seal is in custody of Principal and nobody else.  Certificate was given by School to Father.  Hence legally Father cannot be liable for any forgery or whatever.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Thank you so much sir. I can't explain how much happy I am. Thanks a lot again ! I am literally can crying. I was very tensed.

Originally posted by : Raj Andhra Pradesh
	Thank you so much sir. I can't explain how much happy I am. Thanks a lot again ! I am literally can crying. I was very tensed.

 

1. ALL the Experts on this great legal forum, are here to support and guide you. 

2. You may call me for Telephonic guidance, whenever you wish.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Sir but one query remains, what if the principal denies about having any prior knowledge about forgery before now. What if he "makes out an argument by any means" that he came to know now about the forgery now and that's why he's filing FIR now ?

The Principal can't deny his knowledge regarding this fact because you have already stated that a copy of the same certificate was sent for verification to original school in 2008 and therefore it shall be presumed that the school Principal had such knowledge on and from the year 2008 and now having the possession of the copy of the forged certificate the Principal is threatening your father so there must be some sort of oblique motive behind that.If the Principal tries to make FIR in this regard after the expiry of almost 12 years,then being the Principal of that School he will also have to give answer,what steps he had been taken in the year 2008 against that School Clerk otherwise it shall be presumed that the Principal too was involved in this matter.

Yes Ma'am, the certificate was sent for verification to the school but the distance between both school is walking distance.
So, as per my knowledge the verification was done "orally". Usually, peon confirms it with latter school. Any "post office posting" is not involved. So, the principal is in an a position to deny that no verification was done and he had no knowledge of forgery prior to now.

The question is, how he came to know about forgery now and why after 12 years he's filing FIR suddenly.

Principal's arguments according to clerk's close source is that he would file the FIR saying he has received anynomous complaint with a copy of this certificate.

Since, there is no written evidence of verification being done he is having upper hand according to him.


My concern is even if he makes out an argument that he had no prior know then in 2008 about forgery. Is he in position to file FIR now on my father ? He settled the matter in 2008 by mutually settling the matter by imposing a fine/penalty to plant a tree and two bags of rice was also taken each of 50 kg . No reciept or agreement paper for the same was signed.

I am very tensed by all these. I felt relieved when you all replied to my query.

Thanks in advance for your concern. I am really grateful for your concern.

It is the Clerk of your father's school  who had done forgery by issuing that Certificate in the year 2008 with the seal of the Principal without the knowledge of the Principal but such forgery was done for the benefit of your father and due to absence of any written proof regarding such verification from other school in the year 2008,now if the Principal files FIR  saying that he has received anonymous complaint with a copy of that Certificate,then there is likelihood of associating your father too in that complaint.In such case to prove the knowledge of the Principal regarding this Fact on and from the year 2008,on your father's request that Peon of other school as well as other witnesses(who knew the fact of imposing penalty in this regard in the year 2008 by that Principal ) can be call for to adduce their evidence in this regard to prove that the Principal is making false statement regarding his date of knowledge of such forgery and the reason behind that must be some sort of oblique motive on the part of that Principal for unlawful gain.If it will be proved before the Court of Law that in spite of having full knowledge regarding such forgery ,the Principal remains silent on and from the year 2008 till the date of such FIR,then it can be presumed that he is also guilty on the ground of suppressing such crime and it may also be presumed that the Clerk issued such certificate as per the instruction of the Principal.If it can be proved that the Principal as the Complainant is trying to mislead the Court by agitating a time barred matter as well as by making false statement regarding his date of his knowledge,then the matter can be dismissed.  

Ma'am, that peon is no more in this world, he died some years back.

Also, if the court dismisses the case. Can't the education department of Govt. lodge fresh FIR on my father including principal and clerk for colluding performing all these illegal activities under various charges and bringing bad repute to school, since that was a government school.

But thank you so much ma'am for the above insightful reply. I can't explain how much thankful I am to you people and this, I am not saying for the sake of saying I am telling this from the core of my heart.

You lawyers and advocates are awesome people. I am literally feeling If I could do LLB. Thank you so much.

I understand your problem. Through any reliable person of the Principal,you can try to request him to think over the matter thoroughly before taking any step in this regard because on the basis of his FIR,if investigation started on this issue,then the Principal will also be held liable in this regard. 

Is there no any other way ?

One more thing, when school principal know and didn't take action on time on my father then is it not the fault of education department itself ?

Principal's 'post' is included in education department, isn't ? isn't the fault of Officer (principal in this case) of education department itself to lodge timely FIR ?

Isn't the education department itself is responsible ?

Still, will it be open to Education department to lodge FIR on my father ?

Will the court entertain such FIR ?

Also, since Education department's Officer (principal) didn't lodge FIR. Will not the Education department estopped(evidence act) from lodging fresh FIR ?

On whom education department should take action ? On my father or the officer who didn't performed his duty ?

Or, Will it be open to Education department to take action on father and Principal both ?

Also, since penalty was imposed in 2008 of which no paper work was done but there are witness.

Will not the Education department be estopped, according to Evidence act ? principle of estoppel wouldn't come into play ?

Please give a detailed reply looking at the facts of this case. I am too much distressed by this. Any other way is not working thatswhy I came here among you people who knows Knitty gritty of laws. I have a high regard for this profession.

Please reply as soon as possible. Thank you so much for your patience.

There is no time limit for filing the FIR but it is expected that FIR should be filed without any undue delay. If an FIR is filed after some delay, the complainant must be in a position to explain the delay in a plausible or acceptable manner.You yourself have told that there is no written document regarding that verification by new school as well as in respect of the penalty imposed in respect thereof and as such you don't have any proof in your hand to prove the Principal's knowledge regarding this Forgery since 2008 and if the Principal alleging his recent knowledge regarding this Forgery lodges FIR against the Clerk as well as your father then the Police will investigate the issue.

So, it means there is no way out ?