RUBY KHATOON Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal miscellaneous application has been filed under Section 482 of Cr.P.C. for quashing the charge sheet no.148A/2017 dated 12.12.2017 and summoning order dated 08.01.2018 along with entire proceedings of Criminal Case No.09 of 2018, State Vs. Ruby Khatoon, under Sections 420, 467, 468, 471 and 120B IPC, pending before Civil Judge (Jr. Div.)/ Judicial Magistrate, Kashipur, District-Udham Singh Nagar.

(2.) Crux of the matter is that, in compliance of order dated 13.11.2016 passed by S.D.M. Jaspur regarding lodging FIR against the officials allegedly responsible for cutting and overwriting in the report of Patwari and Tehsildar relating to caste and permanent resident certificates of Ruby Khatoon D/ o Mohd. Ashiq, Mahender Singh Bisht, Tehsildar, Jaspur set up a team of Chhatrapal Singh, Revenue Inspector, Bhagwan Das Gupta, Revenue Inspector, Suryapal Singh, Revenue Sub-Inspector and Phool Singh, Revenue Sub-Inspector for inquiry in to the matter.

(3.) On the basis of the report of the aforesaid inquiry team, correction and overwriting was found in the documents pertaining to certificates of Ruby Khatoon. Column no.08 and 09 of the verification report were erased by scratching on it and the verification report was also not bearing the signatures of Patwari and Revenue Inspector on it. Entry, in column no.6 of the affidavit enclosed with the permanent resident certificate, had been erased by cutting with black pen. The documents annexed with the caste and permanent resident certificate of Ruby Khatoon were found to be tampered. It appeared that this was done for favouring someone. Involvement of officials from Tehsil Office and S.D.M Office had been found in tampering, cutting and overwriting on the documents annexed with certificates of Ruby Khatoon. As per the report of the inquiry team, Sanjeev Kumar Chauhan, the then E-District In-charge (presently posted at District Office, Udham Singh Nagar), the then Peshkar-Vikas Kumar Chauhan and Pankaj Kumar Chauhan were found to be guilty. Accordingly, an FIR was lodged, against Sanjeev Kumar, Vikas Kumar Chauhan and Pankaj Chauhan at P.S. Jaspur, Udham Singh Nagar and investigation was conducted.