Dismissed

Jit Singh v. State of Punjab and Anr.

Punjab & Haryana HC12 Dec 2012CRM-M/33405/2011

Case brief

AI extract

What is this about?

The Single Judge of the High Court of Punjab and Haryana declined to quash two identical petitions seeking to quash an FIR alleging forgery of government J-forms. The court held that the criminal allegation of forgery required custodial interrogation and the investigation could not be hampered by the pendency of a civil suit.

What did the court decide?

No relief granted; the petitions for quashing of the FIR were dismissed.

Jit Singh Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2012)

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CRM Nos.M-33405 of 2011 and 23112 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No.M-33405 of 2011 (O&M)

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Date of decision : 12.12.2012

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Jit Singh

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...Petitioner

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Versus State of Punjab and another

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...Respondent

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CRM No.M-23112 of 2012 (O&M)

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Date of decision : 12.12.2012

Amarjit Singh

...Petitioner

Versus

State of Punjab and another

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...Respondent

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CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN

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Present: Ms. J.J. Kaur, Advocate, for the petitioners.

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Mr. Sandeep Goel, Addl.A.G., Punjab, assisted by ASI Ram Singh.

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Mr. R.K. Joshi, Advocate, for the complainant.

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CRM Nos.M-33405 of 2011 and 23112 of 2012

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JITENDRA CHAUHAN, J. (Oral)

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The above noted two petitions are being disposed of by this single judgment as similar relief, i.e., quashing of FIR No.56 dated 11.09.2011, under Sections 420, 465, 467, 468, 471, 120-B of the Indian Penal Code, registered at Police Station Talwandi Chaudhrian, District Kapurthala, has been sought in these petitions.

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The learned counsel for the petitioners, inter alia, contends that the dispute is purely of civil nature and civil suit for recovery was filed by the complaint in the year 2007, against the petitioner-Jit Singh. The matter is pending adjudication before the learned Civil Judge, Sr. Division, Sultanpur Lodhi. The learned counsel further contends that the present FIR was filed in the year 2011, after an unexplained delay of about 4 years, only with an intention to pressurise the petitioners. The learned counsel further argued that it is the complainant, who has made forged and false entries in its account books. She cites AIR 2000 SC 754, G. Sagar Suri and another Vs. State of U.P. and others; AIR 2008 SC 251, Inder Mohan Goswami and another Vs. State of Uttaranchal and others.

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On the other hand, the learned State counsel submits that the investigation is in progress. During the preliminary inquiries, it has come to light that the J-Forms in question were forged ones as the Market Committee has denied the issuance of said J-Forms.

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The learned counsel for the complainant submits that the J-

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CRM Nos.M-33405 of 2011 and 23112 of 2012

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Forms were not issued by the complainant. These have been forged and fabricated by the petitioners in connivance with each other. He cites 1995(3) RCR (Criminal) 275, Kishan Singh Vs. State of Haryana; 1994(3) RCR (Criminal) 593, Krishna Wanti Vs. State of Punjab; and 1995(3) RCR (Criminal) 35, Sukhdev Singh Vs. Gurnam Singh.

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Heard.

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The allegation against the petitioners is that they forged and issued the J-Forms, which is a Government document. The civil suit is with regard to recovery, whereas, the present FIR is with regard to the allegations of preparing forged and fake J-Forms. The investigation is still going on. Custodial interrogation of the petitioners is essential to unearth the forgery. The investigation is still at preliminary stage and was hampered due to pendency of these petitions.

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Therefore, this Court is not inclined to quash the FIR, at

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this stage.

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Dismissed.

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12.12.2012 (JITENDRA CHAUHAN) atulsethi JUDGE

Jit Singh v. State of Punjab and Anr.

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Jit Singh v. State of Punjab and Anr.

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