BHAWAN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner is one of the accused persons in FIR No.35/2022, dtd. 25/2/2022 registered under Ss. 420, 467, 468, 471 and 120(B) of the Indian Penal Code at Police Station Manpura, Police District Baddi, District Solan, H.P. He has invoked Sec. 482 of the Code of Criminal Procedure for quashing of the said FIR and the consequent judicial proceedings.

(2.) Respondent No.1 has filed the status report and also produced the record of the case.

(3.) Gist of the prosecution case is that:- One M/S U.S. Industries located at Khasra No.153, Village Theda Lodhi Majra Road, Tehsil Baddi, District Solan, H.P. needed No Objection Certificates of Himachal Pradesh State Pollution Control Board as well as of Himachal Pradesh Fire Department. These certificates were required by the company to avail Government subsidy. Petitioner and one Akash Shivastva (proforma respondent No.3) projected themselves as consultants and ensured providing the required No Objection Certificates to the company. According to respondent No.1, these two accused persons provided the required certificates to M/S U.S. Industries. These documents turned out to be forged and fake, hence, complaint was lodged by M/S U.S. Industries. The investigation carried out in the matter implicated the petitioner as well as Akash Shivastva and held them responsible for forging the documents. According to the status report, the laptops recovered from these two accused persons contained copies of forged documents supplied to M/S U.S. Industries. According to the investigating agency, M/S U.S. Industries, in lieu of the documents provided to it by the aforesaid two accused persons, had deposited Rs.1,60,000.00 in the account of the petitioner.