DALIP SINGH THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bhupesh Nandan was arrested by the police for the commission of offences punishable under Ss. 420, 467, 467, 471, 120B and 411 of IPC. He disclosed during the interrogation that he had prepared the forged documents of the vehicle bearing registration no. HP-62-4393 and had obtained ?10,000/- for this purpose.

(2.) The police conducted a preliminary investigation and found that Jagdish Thakur had purchased one Tipper from Sai Motor, Sauli Khad, Mandi in February 2016. Jagdish Thakur was constructing the house and required money. He had got his Tipper financed from SBI, Takoli and had to pay ?20,000/- per month as the instalment. He wanted to sell the vehicle but it was not possible to do so without obtaining the clearance. Even if the vehicle was sold by Jagdish, he would have to deposit the sale proceeds with the Bank for repayment of the loan, so he asked Bhupesh Nandan to prepare the forged documents of the vehicle. Bhupesh Nandan got the tipper registered with the State Transport Authority, Shimla in the name of Dharmender Kumar. The vehicle was sold to Champa Thakur. Subsequently, Champa Thakur sold the vehicle to Neelmani through her husband-Jagdish Thakur. The police requisitioned the vehicle and also summoned Neelmani. The police found that the forged documents were prepared regarding the transfer of the vehicle. FIR was registered. The police conducted the investigation. The file of the registration was obtained from the office of the State Transport Authority. The police found that as per the sale certificate, the vehicle was sold by Unique Motors, Gagal, District Kangra. The record of Unique Motors was verified it was found that the vehicle was not sold by them. They were not even the dealer of SML Isuzu Limited but were the dealers of Eicher VE Commercial vehicles. The police checked the record of Sai Motor, Shaulikhad and found that the vehicle was sold to Jagdish Thakur, hence, the sale certificate stated to have been issued by M/s Unique Motors was forged. The VAT invoices were also forged and fabricated. The record also showed that the vehicle was financed by Sundaram Finance Limited. Verification was made and it was found that Sundaram Finance Limited had not financed the vehicle but the vehicle was financed by SBI, Takoli in the name of Jagdish Thakur. Hence, the document regarding the finance by Sundaram Finance Limited was also forged. The vehicle was stated to be insured with Royal Sundaram Alliance Insurance Company. This certificate was also found to be forged. A search was made for Dharmender Singh Chandel and it was found that no such person was residing at Theog, as per the address furnished to the State Transport Authority. The Himachali Certificate stated to have been issued in the name of Dharmender Singh Chandel was also forged and the real certificate against the serial number mentioned in the Himachali Certificate was issued to Rajesh regarding his being a member of the Scheduled Caste. The vehicle was also shown to be insured by the National Insurance Company. Inquiries were made from the National Insurance Company, which stated that it had not insured the vehicle. The police also found an affidavit stated to have been executed by Dharmender Singh Chandel in favour of Champa Thakur. This affidavit was attested by notary Suresh Kumar Sharma and the executant was identified by Jhabe Ram. Dalip Singh Thakur-the present petitioner had attested the affidavit between Champa Thakur and Neelmani. Champa Thakur also stated that she had not signed the affidavits and file etc. The documents were sent to FSL for comparison. The challan was prepared and it was presented before the Court after the completion of the investigation. No other allegation was made against the petitioner. These allegations do not constitute the commission of any offence, therefore, it was prayed that the present petition be allowed and FIR No. 06/2017 be ordered to be quashed.

(3.) I have heard Mr. Rahul Mahajan, learned counsel for the petitioner and Mr. Jitender Sharma, learned Additional Advocate General for the respondent/State.