SAMARPAL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY means of this petition, moved under Section 482 of The Code of Criminal Procedure, 1973 (for short, Cr.P.C.), the petitioner/applicant has sought quashing of the charge sheet dated 5.9.2006 under Sections 467/468 and 471 of The Indian Penal Code, 1860 (for short, the IPC) as well as the summoning order dated 9.10.2006 passed by Judicial Magistrate, Kashipur, District Udham Singh Nagar in criminal case No. 705/2006.

(2.) HEARD learned Counsel for the parties and perused the entire material available on file.

(3.) STATE has filed the counter affidavit of Sri J.S. Garbyal, Senior Sub Inspector, P.S. Kotwali Jaspur, District Udham Singh Nagar, in which it is specifically stated that that applicant is permanent resident of Sahaspuri, Tehsil Thakurdwara, District Moradabad and is temporarily residing at Village Raipur, Tehsil Jaspur, District U.S. Nagar in his brother -in -law's house and was got obtained his education at the said place. At this relevant point of time by way of forgery he got registered his name in the Family Register of Village Raipur and also registered name of Omwati as his wife and on the basis of aforesaid forged document and affidavit submitted before the Tehsildar, Kashipur he had obtained permanent resident Certificate and Schedule Caste Certificate as well as other certificates. However, the applicant is an unmarried person. It is further stated that as per the statement of the villagers and report of the Tehsildar Jaspur, no movable or immovable property is registered in the name of the applicant or his father Harwansh Singh S/o Phool Singh and the property purchased as shown by the applicant is in the name of Surja Singh, who is the father of Jeet Singh (brother -in -law of applicant) and no registered sale deed was shown.