Disposed

Rajvir Singh and Another v. State of Punjab and Another

Punjab & Haryana HC3 Sept 2024CRM-M/43270/2024

Case brief

AI extract

What is this about?

Petition under Section 528 BNSS sought quashing of an FIR for cheating and forgery offences arising from issuance and use of a Scheduled Caste certificate. Court directed the investigator and the constituted Committee to verify authenticity of the certificate documents before proceeding further in accordance with law.

What did the court decide?

Direction to investigator and Committee to verify authenticity of Annexures P-2, P-4 and relevant documents; proceedings to continue per law.

Rajvir Singh and Another Vs State of Punjab and… — Caste Atrocities | Punjab & Haryana HC (2024)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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123 CRM-M-43270-2024 (O&M) Date of Decision: 03.09.2024

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Rajveer Singh Bath and another ......... Pe��oners

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Versus

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State of Punjab and another ......... Respondents

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present Mr. Balbir Singh Jaswal, Advocate for the pe��oners.

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Ms. Swa� Batra, D.A.G., Punjab. (through video conferencing).

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ANOOP CHITKARA, J. (ORAL)

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CRM-35260-2024

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Applica�on is allowed as prayed for.

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CRM-M-43270-2024

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FIR No.	Dated	Police Sta3on	Sec3ons
198	20.08.2019	Beas, District	419, 420, 467, 468, 471, 120-B
		Amritsar	IPC

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The present pe��on has been filed under Sec�on 528 of BNSS for quashing of

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above cap�oned FIR along with all subsequent proceedings arising therefrom.

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No�ce served upon the official respondent through the State's counsel.

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Given the nature of the order, this Court proposes to pass, no no�ce is

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required to be issued to respondent No.2-Gurnam Singh, who belongs to scheduled caste

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community and also no formal response is required from respondent No.1-State.

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Pe��oner’s case is that he belongs to the category of scheduled caste and has

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drawn a<en�on to Annexure P-4 which is a birth cer�ficate of pe��oner No.1-Rajvir Singh in

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which he is shown as Majabi Sikh. He has also drawn a<en�on to Annexure P-2 which is his

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Schedule Caste Cer�ficate. The role of pe��oner No. 2-Baljit Singh is that he had issued the

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said cer�ficate.

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JYOTI 2024.09.05 09:58 I attest to the accuracy and integrity of this order/judgment.

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CRM-M-43270-2024 (O&M) -2-

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Given above, the only limited ques�on which the inves�gator should have taken up on priority at the first instance was the authen�city of above said documents. Needless to say that if the pe��oner belongs to scheduled caste community, then the offence under Sec�ons 419, 420, 467, 468, 471, 120-B IPC would not be a<racted against the pe��oner because of belonging to the same category.

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Given above, the present pe��on stands disposed of with a direc�on to the inves�gator as well as the Commi<ee cons�tuted for the aforesaid purpose to verify the authen�city and genuineness of Annexures P-2, P-4 and all other relevant documents and to proceed further in accordance with law. All pending miscellaneous applica�ons, if any, stand disposed of.

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(ANOOP CHITKARA)
JUDGE

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03.09.2024 Jyo�-II

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Whether speaking/reasoned Yes/No
Whether Reportable Yes/No

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JYOTI 2024.09.05 09:58 I attest to the accuracy and integrity of this order/judgment.

Rajvir Singh and Another v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

Rajvir Singh and Another v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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