STATE OF BIHAR Vs. DHARAM DEO SINGH

JUDGEMENT

(1.) On the basis of report of the office to the effect that stamp of Rs. 6,560/- filed by the appellant is fake stamp a report was called for from the Postmaster, Franking Machine, Patna High Court. Pursuant to the direction the report has been received from the Postmaster which is at Flag 'Q'. According to the report the stamp of Rs. 6,560/- alleged to have been obtained on 28.9.2011 has not been obtained from the three franking machine being Nos. 372402, 372403 and 714466 which is functioning in Patna High Court, Post Office on 28.9.2011. Therefore, apparently the said stamp filed on behalf of the appellant is a fake stamp which is available at Flag 'A' of the record. This is very serious matter and it requires thorough investigation as to who is involved in this case. An affidavit has been filed on behalf of Ujjwal Kumar Singh, Advocate Clerk of standing counsel No. 12 stating that he had requested Mr. Sheshnath Prasad, Advocate Clerk of Praveen Kumar for purchasing the stamp of Rs. 6,560/-. He became ready and after some time he gave the stamp to him.

(2.) It may be mentioned here that I am not recording any finding as to who is involved in this case. According to me it requires thorough investigation as earlier also in similar matter F.I.R. has been lodged. A general notice was given on 6.1.2009 which was printed on the daily cause list whereby it was directed by the High Court that the court fee in the High Court will be made through the franking machine installed in the High Court premises by Postal Department. Again another notice was given on 29.1.2009 that the learned Advocates/Advocate Clerks purchasing the court fee stamp through franking machine installed in the High Court are directed to put their signatures and registration numbers below the impressed stamp. Thereafter, court fees are paid through the franking machine of the High Court installed by the Postal Department. However as stated above earlier also fake stamps were filed in the court and, therefore F.I.R. has been lodged. In the present case from the report of the Postal Department admittedly, the court fee filed has not been purchased from the three franking machine of the High Court installed by the Postal Department. The offence appears to be serious and warrants actions immediately as the interest of the State is involved and the public money is misutilised/misappropriated.

(3.) I therefore, direct, the Registrar General, Patna High Court to lodge an F.I.R. immediately regarding this fake stamp filed in this first appeal on 30.9.2011. The office shall keep the record of this first appeal in safe custody and inspection should be allowed in presence of Section Officer only so that nobody will mishandle the file.