SHOWKAT HUSSAIN MIR Vs. STATE

JUDGEMENT

(1.) THROUGH the medium of this petition under section 561 -A Cr.P.C, the petitioner as sought indulgence of this court for quashing the proceedings including FIR and challan No. 115 and the charge sheet against him for offences under sections 420, 467, 468, 471 and 201 R.P.C. It is inter alia maintained in the petition that petitioner has been involved in a false and frivolous and fictitious case which has been registered by police station Pacca Danga, Jammu and after investigation accused has been challenged before the court. That there is absolutely no evidence in the case showing that the petitioner has in any manner forged any certificate or document. That the original degree certificates on the file are the photostat copies which cannot be proved and relied for proving the guilt of the accused. That the challan against the accused is based on the alleged enquiry conducted by the D.I.G Police, Jammu but no record or document of the enquiry has been produced.

(2.) HEARD learned counsel for the parties and have considered the rival contentions raised by them.

(3.) IN case titled as State of Haryana v. Bajan Lal, AIR 1992 SC 604, wherein the Apex Court has held: "103. We also give a note of caution to the effect that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases; that the court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint and that the extraordinary or inherent powers do not confer any arbitrary jurisdiction on the court to act according to its whim or caprice."