RAM SHANKER Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner has made a prayer in this writ petition that the FIR and investigation in case Crime No. 12 of 1998, under Ss. 468 and 471, IPC, P.S. Jasrana, District Firozabad, be quashed. There was another prayer for making over investigation of the case to an impartial agency like the C.B. C.I.D. The FIR was lodged by the Sub-Divisional Magistrate, Jasrana (for short, the SDM) on 18-1-1998 upon an allegation that the petitioner had produced a forged copy of an alleged order recorded in C.M. Writ Petition No. 30527 of 1997 dated 18-1-1997 before the complainant, sitting then as Pargana Magistrate. It was alleged in the FIR that the copy produced by Ram Shanker was interpolated after issuance of the certified copy from the High Court.

(2.) The learned counsel took up an objection that the records of the High Court were allegedly tampered with and it was the High Court only which could have filed a complaint. It was further stated that in any view of the matter when an allegedly forged document was placed before the SDM, he should have filed a complaint under S. 195(1)(b), Cr. P.C. and filing of an FIR was not envisaged under the law.

(3.) So far the first point is concerned, the facts indicate that certain order was passed by the High Court in the concerned writ petition. It is not the allegation in the FIR that the High Court record was tampered with in any manner. A certified copy was issued to the present petitioner and, according to the allegations, interpolations were made in this certified copy. A final order of a Court is an order in rem and not only the parties to a proceeding but others also have a right to obtain a copy of the final order. When a certified