LAWS(ALL)-2009-2-25

RUKAMKESH Vs. STATE OF U P

Decided On February 25, 2009
RUKAMKESH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) WE have heard learned Counsel for the petitioner and learned AGA. This writ petition has been filed for quashing the FIR lodged against the peti tioner under sections 419, 420, 467, 468 and 471 IPC in Case Crime No. 193 of 2008, PS Patiyali, district Kanshiram Nagar.

(2.) THE allegations in the FIR were that the petitioner had illegally obtained a fire-arm by concealing his criminal history and forging the official notings of certain police personnel, who were supposed to deal with the application for the licence.

(3.) IT was then argued by the learned Counsel for the petitioner that it is unbelievable that the police personnel would not have appended their signatures and made notings on the licence papers. In our view, in case the accused decides to forge their signatures and writings of concerned police officials, the concerned police per sonnel would be unaware of the entries made, hence the issuance of the licence on the basis of the forged recommendation would not help the petitioner in any man ner. In case the police personnel are falsely denying having made the entries and affix ing their signatures on the recommenda tory documents, they can subsequently be prosecuted under section 182 Cr.P.C. or other appropriate provisions of law.