Single judge dismissed a petition seeking quashing of an FIR regarding forgery of medical degrees and seals, holding that the allegations disclose a cognizable offence and the FIR is not an abuse of process.
FIR No.21 dated 12.02.2016 is not quashed as allegations disclose a cognizable offence.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-34393 of 2016 (O&M) Date of Decision: November 10, 2016
Ikatar Singh
...Petitioner
VERSUS
State of Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr.S.K.Sandhir, Advocate for the petitioner.
INDERJIT SINGH, J.
Petitioner has filed this petition under Section 482 Cr.P.C. against respondents State of Punjab, Civil Surgeon Ludhiana and Gurvin Kaur, for quashing of FIR No.21 dated 12.02.2016 under Sections 170, 197, 419, and 420 IPC registered at Police Station Sarabha Nagar, Ludhiana City.
I have heard learned counsel for the petitioner and have gone through the record.
From the record, I find that the FIR has been registered on the basis of the application of complainant Civil Surgeon, Ludhiana. As per the allegations, a complaint was made by Gurvir Kaur wife of Colonel Jaswinder Singh against I.S. Brar, who is issuing forged certificate and documents despite not being a doctor and uses for himself the designation of PCMS-1, MBBS, M.D, which is totally false and illegal. As per the Vineet Gulati 2016.11.11 16:48 I attest to the accuracy andcomplainant, he is issuing certificates to the general public after preparing authenticity of this document Chandigarh
CRM No.M-34393 of 2016
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forged seal of MBBS, MD under forged/fictitious name. Documents Sr.No.1 to 13 have also been attached by the complainant whereby the petitioner has used the designation of a doctor along with his name. A letter from the Punjab Medical Council has also been attached.
The perusal of the FIR shows that it cannot be held that no cognizable offence is made out from the averments of the FIR. The investigation is still going on and challan has not been presented so far. Learned counsel for the petitioner mainly argued on one point that no offence is made out. As per the FIR, there is allegation that present petitioner is using the designation of PCMS-1, MBBS, MD and has also forged the seal of MBBS, MD.
At the time of arguments, learned counsel for the petitioner admitted that petitioner is not MBBS, MD but he has passed diploma in Homeopathy only.
From the allegations in the FIR and in view of the fact that cognizable offence is made from the perusal of the FIR, I find that in no way, it can be held as registration of the FIR in the present case is abuse of process of law or amounts to miscarriage of justice.
Therefore, finding on merit in the present petition, the same is
dismissed.
November 10, 2016 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No
Vineet Gulati 2016.11.11 16:48 I attest to the accuracy and authenticity of this document Chandigarh
1 issue framed by the court
Whether the registration of the FIR amounts to abuse of process of law or miscarriage of justice warranting quashing under Section 482 Cr.P.C.
2 provisions across 2 enactments
Ikatar Singh
State of Punjab
Civil Surgeon, Ludhiana
Gurvin Kaur
INDERJIT SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
