TARSEM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) FIR No. 248 dated 18.8.2004 was registered at Police Station Baldev Nagar under Sections 420, 466, 467 and 471 IPC against the petitioner with the allegations that the petitioner had managed his recruitment in Police Department, Haryana as a constable about 20 years earlier and that, he had submitted a forged matriculation certificate. It was also alleged that the petitioner also got his nephew Ranjit Singh recruited in Haryana Police as Constable on the basis of forged matriculation certificate. Similarly, Kulwant Singh, brother of the petitioner was found to have got himself posted similarly as a constable.

(2.) AFTER the completion of the investigation, the police submitted a cancellation report before Chief Judicial Magistrate, Ambala on 14.3.2005. Before the said report was submitted, opinion of Deputy District Attorney was also obtained. As per his opinion, it was a fit case for submitting the cancellation report.

(3.) LEARNED counsel for the petitioner has submitted that the impugned order passed by Chief Judicial Magistrate, Ambala while allowing the withdrawal of cancellation report was manifestly and inherently illegal, unjust, arbitrary and erroneous as the Magistrate was not competent to pass such an order. Once the cancellation report was submitted by the police before the Court of competent jurisdiction, the same could not be withdrawn by the police. Learned counsel for the petitioner has relied upon "Jeevan Singh v. State of Rajasthan, 2004(4) RCR(Criminal) 717", wherein, it was held that the final report once submitted by the police, could not be returned by the Magistrate to the Investigating Officer on the ground that it was required for perusal of a higher authority.