JALAM SINGH RANA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Writ Petition is filed, under Article 226 of the Constitution of India, seeking a writ of certiorari to quash the First Information Report lodged by the third respondent on 11.01.2019 registered as F.I.R. No. 0010 of 2019 punishable under Sections 420, 467, 468, 471 and 120-B I.P.C. at Police Station-Doiwala, District Dehradun; and for a mandamus directing the first and second respondents not to arrest the petitioner pursuant to the First Information Report lodged by the third respondent on 11.01.2019 registered as F.I.R. No. 0010 of 2019.

(2.) Facts, to the limited extent necessary, are that the petitioner is the in-charge Tehsildar of Nainbagh, District Tehri Garhwal. An F.I.R. was lodged against him wherein it was alleged that one Madan Singh Tomar had submitted his income certificate for less than Rs. 2.50 lakhs per annum; and, though his income was in fact more than Rs. 2.50 lakhs per annum, a false income certificate had been issued by the petitioner that his income was less than 2.50 lakhs per annum. The petitioner claims that he is cooperating with the Investigating Agency, the investigation is still in progress, and no charge-sheet has been filed till date.

(3.) An F.I.R. is registered on a complaint containing allegations, and these allegations necessitate investigation. If, after investigation, the Investigating Officer is satisfied that no case is made out against the accused, Final Report/Closure Report is filed in the exercise of the powers conferred under Section 173 (2) of the Code of Criminal Procedure, 1973 (for short the "Code"). It is only if the Investigating Officer is satisfied that the accused has committed the offences alleged against him, would a charge-sheet then be filed in respect to such offences.