VIKRAM SINGH JAMWAL Vs. STATE

JUDGEMENT

(1.) THE inherent jurisdiction of this Court is sought to be invoked under the provisions of Section 561 -A of Code of Criminal Procedure or in the alternative, the petition be treated as Criminal revision, against the order dated 11.3.2003 passed by learned Ist Addl. Sessions Judge, Jammu,, whereby charges have been framed against the petitioner Vikram Singh, for offences under Sections 467 468, 471 and 472 RPC and for setting aside the same.Facts relevant for appreciating the controversy may, in brief, be noticed as under:

(2.) PETITIONER , Vikram Singh, is an Inspector in Police Department. It is disclosed from the record that petitioner was found in possession of two Maruti Cars, being Maruti Zen under registration NO: JK03 -4732 and Maruti Car under registration NO: JK13 -2732, in respect of which he got prepared fake registration certificates. Petitioner could not produce the registration certificate during investigation in respect of Car No. JK03 -4732. It is further revealed from the challan, produced in the court after investigation and collecting material by the Investigating Officer, that the original registration of vehicle No: JK03 -4732, seized from the possession of the petitioner, was PB -10/AG/8292. The petitioner, knowing that the said Car is a stolen property, got fake registration prepared and put a fake number on the vehicle and kept it in his possession. Whereas Maruti Car bearing registration NO:JK13 -2732 was kept in the name of his sister, in respect of which ARTO Anantnag -Pulwama, on enquiry, informed in writing that the registration number of the aforesaid vehicle is number of a Motor Cycle in the name of one Gulzar Ahmed Wagay S/O Ghulam Rasool Wagay r/o Buchwara Shopian. The original registration number of Car No. JK -13 -2732,during investigation, was found to be DL -9C -A -5739. The challan further reveals that in respect of car No. JK13 -2732, Constable Sawal Deep Singh No. 1424/UDR, posted in Police Station, Cheneni, made a statement during investigation that this Car was handedover by Deepak Kapoor PSI to petitioner Vikram Singh and he carried the Car to the house of Vikram Singh on his instructions. He further stated to have remained as PSO of Vikram Singh and is a resident of Kathua, carried the Car under the instructions of petitioner Vikram Singh to Kathua and it was seized under section 550 Cr.P.C by Police Station Raj Bagh. When the papers of Car NO. JK13 -2732 were demanded by Police Station Raj Bagh, he informed that the Car belongs to Vikram Singh, Inspector, SHO Cheneni. He further stated to have informed Vikram Singh on telephone about the seizure of the Car by Police Station Raj Bagh. It is further disclosed from the challan that petitioner, thereafter ,by exerting his influence, got the Car released on superdnama from the Court of Judicial Magistrate Ist Class Kathua, in his name. In this manner the petitioner kept two Cars in his possession out of which one car was got released after getting the documents prepared by the petitioner through his father. It is further found from the challan that petitioner, knowingly that both the cars are stolen cars and have been seized as stolen property, got their fake documents prepared and kept them in his possession, having full knowledge that the documents are forged and fake.

(3.) ON the conclusion of investigation, the prosecution found a case of forgery/cheating against the accused -petitioner and presented the challan in the Court.