NEK RAM Vs. STATE OF J&K AND ORS

JUDGEMENT

(1.) Through the instant petition filed under Section 561-A Cr.P.C. read with Section 439 of the Code of Criminal Procedure, petitioner seeks quashing of order dated 23.05.2015, passed by learned Court of Additional Sessions Judge, Doda.

(2.) The case of the petitioner is that a case FIR No.43/2008 was registered by Police Station, Doda against him for offences under Sections 420/466/467/468/471 RPC which culminated into presentation of Charge Sheet bearing No.106/09 dated 29.06.2009 before the Court of Additional Sessions Judge, Doda and has been registered as File No.23/Sessions.

(3.) It is stated that the allegation against the accused, who was then Constable No. 234/D (now H.C No. 4/D), and posted at Police Station, Doda, is that he has prepared a Character verification certificate in favour of one Liyaqat Ali S/o Ghulam Hussain and has forged the signature of the then SHO Doda Sh. Inder Singh Jasrotia, due to which, said Liyaqat Ali who was involved in a Criminal case though acquitted, was appointed as Constable in IRP IVth Battalion. The alleged Character Verification certificate was in the handwriting of petitioner which has been confirmed by FSLreport, but the seal and signature of the attesting/issuing authority i.e., SHO Doda has not been sent to FSL to determine who has signed on the certificate. It is stated that the matter was argued for the purpose of Charge/Discharge and the Counsel for accused/petitioner vehemently argued that if there is an allegation of the accused forging the signature of issuing authority i.e. the then SHO, then why the said signature has not been sent to handwriting expert to prove and establish that the accused/petitioner had actually forged the document. The issuing officer can be absolved from his responsibility only if the signatures are proved to be forged. It is further stated that in this particular case, the investigating agency has deliberately left out the signature of SHO from the FSL scan and has not sent his signature to expert for confirmation and this being so the offence of forgery or preparing of a fake document cannot be slapped against the petitioner and he cannot be charged of an offence which has not even been prima facie established by the investigation.