NIRANJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER herein is seeking the quashing of the impugned order dated 21.12.2001 (Annexure P.2) passed by the learned Judicial Magistrate Ist Class, Mansa, whereby the petitioner has been summoned to face trial under Sections 420/465/468/471 of the Indian Penal Code (for short, 'the Code').

(2.) F .I.R. No. 03 dated 20.01.2000 under Sections 420/465/468/471 of the Code was registered by the concerned Police Station Joga, District Mansa on a letter bearing No. 75/SPS, dated 13.01.2000 sent by Deputy Commissioner, Mansa, to the concerned Police Station on the allegations that the petitioner had done wrong attestation of a form of his son Sukhwinder for making his yellow card. In fact a complaint was filed by one Beant Singh to the Deputy Commissioner, Mansa who had subsequently sent a letter for the registration of the present case. It is the case of the petitioner that during investigation the specimen signatures of the petitioner for comparing with the alleged signatures on the form, were sent to the Forensic Science Laboratory Punjab at Chandigarh and the disputed signatures were compared with the standard signatures and it was found that the specimen signatures did not tally with the signatures on the original document and on the basis of the investigation, the cancellation report was filed before the Ilaqa Magistrate in which the complainant Beant Singh was summoned who made a statement that he did not agree with the cancellation report and on the basis of his statement the learned Judicial Magistrate Ist Class vide impugned order (Annexure P.2) ordered the summoning of the petitioner. The case of the petitioner is that the impugned order Annexure P.2 is bad in the eyes of law and is liable to be quashed.

(3.) I have heard Mr. Rakesh K. Nagpal, learned counsel for the petitioner and Mr. Satnam Singh Gill, Assistant Advocate General, Punjab. I have also perused the assertions, made in the petition, the reply filed by the respondent and the other relevant documents attached thereto.