RANDHIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This writ petition is filed under Article 32 of the Constitution of India challenging conviction under Section 193 Indian Penal Code (IPC) in a proceeding arising in writ petition (Criminal) Nos. 356-57 of 1993. On January 17, 1996 an order was made by this Court on receipt of reports form the District Judge. Faridabad and the Central Bureau of Investigation after issue of a notice as to why the petitioner should not be convicted for forgery of signatures of Shri M.S. Ahlawat, Superintendent of Police on the affidavits dated November 2, 1998 and November 5, 1993 and also for contempt of this Court for furnishing false evidence. Thereafter this Court passed an order on January 17, 1996 whereby the petitioner was held to have committed the offences under Section 103, I.P.C. and he was sentenced to undergo imprisonment for three months. It is brought to our notice that the petitioner has served out this period of imprisonment. Along with the petitions Shri M.S. Ahlawat, Superintendent of Police, was also convicted in similar circumstances. He filed a Writ Petition (Criminal) No. 353 of 1997 challenging his conviction under Section 193, I.P.C. On October 27, 1999, we allowed the said Writ Petition (Criminal) No. 353 of 1997 by setting aside the conviction under Section 193, I.P.C. By accepting the plea as to non-compliance with the procedure required under Section 195, Cr. P.C. read with Section 340, Cr. P.C. and also on account of want of original jurisdiction of this Court to try a criminal offence under Section 193, I.P.C. we held that the punishment was liable to be quashed. The situation in the present case is identical on this aspect. Following the said judgment and for the reasons stated therein the sentence imposed upon the petitioner under Section 193, I.P.C. is also liable to be quashed.

(2.) At this stage, the petitioner has filed an affidavit, inter alia, stating:-

(3.) Considering the special features of the case, we do not think that this is a fit case to direct the filing of a complaint in the competent Court as envisaged by Section 340, Cr. P.C. because the petitioner has already undergone the sentence imposed upon him for an offence under Section 193, I.P.C. although set aside now by this order.