STATE OF PUNJAB Vs. JASBIR SINGH

JUDGEMENT

(1.) The judgment dated 22.01.2019 passed by the High Court of Punjab and Haryana at Chandigarh in CRM-M No. 24691/2009 (O&M), which quashed FIR No. 74 dated 13.4.2008 registered against the Respondent herein for the offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860 ("IPC"), has been called into question in this appeal.

(2.) The First Information Report ("FIR") against the Respondent was registered under Sections 420, 467, 468 and 471 of the IPC on the allegation that he had forged and fabricated documents submitted in the course of legal proceedings before the Revenue Courts. The relevant facts for the purpose of the present appeal are as follows:

(3.) The High Court, while passing the impugned order, principally accepted the ground raised by the Respondent that the Deputy Commissioner-cum-Chief Sales Commissioner hearing the appeal had neither held an inquiry, nor had he directed the subordinate authority to hold any such inquiry against the accused, in terms of Section 340 read with Section195 of the CrPC. Thus, it was held that the FIR was hit by these provisions, since it had been filed without any inquiry and without giving any opportunity to the Respondent to be heard, and was therefore liable to be quashed.