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Judgment
R.N. Biswal, J.—Heard Learned Counsel for the Petitioner and learned Standing Counsel for the Vigilance Department with reference to the petition u/s 438 Code of Criminal Procedure
The Petitioner is apprehending his arrest in a non-bailable case in connection with alleged forging of a Caste Certificate. No case has yet been Registered against him. Learned Counsel for the Petitioner submitted that a petition u/s 438 Code of Criminal Procedure filed on behalf of the Petitioner before the Additional Sessions judge, Sonepur in connection with the aforesaid apprehension was rejected as the O.I.C., Biramaharajpur Police Station stated that they are not going to institute any case against him.
Taking the facts of the case and gravity of the offence into consideration, I am not inclined to allow the petition u/s 438 Code of Criminal Procedure, particularly when no case has yet been registered against the Petitioner. However, it is ordered that if a case is registered against the Petitioner in connection with forging any Caste Certificate, the prosecuting agency shall make the Petitioner know about it through the Headmaster of Saharapali Government U.P. School where Petitioner serves as an Assistant teacher and shall afford him one month''s time to apply for bail u/s 438 Code of Criminal Procedure and shall not arrest him in the meantime.
The BLAPL is disposed of accordingly.
Urgent certified copy of this order be granted on proper application.
A copy of this order be handed over to the learned Standing Counsel for the Vigilance Department for communication.