DABE RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) All these petitions having arisen from the same FIR, are proposed to be disposed of by a common judgment. The accused-petitioners belong to Kullu district. They all made applications to Canara Bank, Akhara Bazaar Branch, Kullu for sanction of KCC (Kissan Credit Card) Limit to the tune of Rs. 3,00,000/- each. They annexed to their respective applications revenue records obtained and duly certified by their co-accused Roshan Lal, Patwari, Patwar Circle, Kais, District Kullu. Their applications were further processed by the complainant-bank. The genuineness and authenticity of the revenue record annexed thereto was got verified from the lawyers on the panel of complainant-Bank, namely, S/Shri Yugal Kishor Sharma and Chuni Lal Sharma. It is on the receipt of the reports with respect to genuineness and authenticity of such records from the panel lawyers, the credit facility to the tune of Rs. 3,00,000/- was sanctioned in favour of each of the accused-petitioners. After availing such facility, their accounts became irregular as they stopped depositing the due and admissible amount in their respective accounts. The accused petitioners failed to turn up even on receipt of the notice with which they were served. This has led in visiting the Patwarkhana at Kais by the officials of the bank for verification of the revenue record, the accused-petitioners had annexed to their respective applications. On verification, it transpired that those documents were forged and fictitious. The bank, therefore, has made written complaint to the Station House Officer, Police Station, Kullu on the basis whereof a case under Sections 420, 467, 468, 471 and 120B of Indian Penal Code has been registered against each of them vide FIR No. 323 of 2013.

(2.) The status report reveals that the investigation in the case is still in progress. Learned Additional Advocate General on instructions from the Investigating Officer submits that the investigation is likely to take 3-4 weeks for its completion. The complaint is that though the accused-petitioners have associated with the investigation on the directions of this Court, however, they are not coming with true facts concerning with the manner the forged records came to be prepared. A prayer for their interrogation in police custody has, therefore, been made.

(3.) The present is a case which is based on the documentary evidence. The investigation is still in progress. In view of the interim order passed in these petitions, the accused-petitioners have not yet been arrested in this case. Prima facie, at this stage, there is no need to take them in to custody for the purpose of interrogation for the reason that their co-accused have yet to be interrogated and also that they being local residents of district Kullu will also be available for the purpose of interrogation, if so required by the investigating officer.