KULBIR SINGH Vs. STATE AND OTHERS

JUDGEMENT

(1.) This matter is pending since 2016, but objections have not been filed till today. Applicant/petitioner has filed the instant bail application for grant of anticipatory bail in FIR No. 395/2016 registered against him under Sections 420/467/468/471 RPC.

(2.) The case of the petitioner is that on 06.10.2016, a complaint was received from the Sub Registrar (Munsiff) Kathua, wherein it is mentioned that on 05.10.2016 when the Sub Registrar was sitting in the Court for registration of the documents, one document for registration of the Mortgage Deed as collateral security was presented before him by Mr. Kirty Bhusan Mahajan, Advocate, in present of the parties, the same was marked and report was sought from the concerned clerk. After perusal of the document and photo copies of the stamps annexed, he found overwriting over some of the serial numbers of stamp papers and accordingly asked the said Advocate for clarification who presented original stamp papers worth Rs. 25,000/- along with hypothecation agreement with the bank. The perusal of the said stamps reveals that out of total stamp papers worth Rs. 25, 000/- serial numbers of 23 stamps worth Rs. 1000/- each was found tampered. In order to verify the veracity of said stamps, the Magistrate summoned Stamp Vendor-Kulbir Singh, Licence No. 57, along with register and on comparison said stamps and the register, it was observed that some of the stamps which were sold on 26.08.2016 to one Pyar Singh were again reused on 03.10.2016 in favour of M/s Orbit Spinning Pvt. Ltd., as such, the Sub Registrar opined that prima facie a cognizable offence is made out. On compliant of Sub Registrar (Munsiff) Kathua to SHO Police Station Kathua, this culminated into filing of FIR on 06.10.2016. The copy of said FIR was also forwarded to Sub Registrar Kathua as well as Deputy Commissioner, Kathua. The endorsement No. 2 as reflected in the FIR itself speaks to Deputy Commissioner, Kathua to look into the matter under the mandate of Stamp Act and Duty and on the basis of which police Kathua straightway lodged the FIR.

(3.) It is further case of the petitioner that he has approached before High Court and filed a petition under Section 561-A Cr.P.C., which is pending adjudication.