CRM-M No. 6420 of 2011 **** Harjiwan Singh Patwari v. State of Punjab Present: Mr. Narinder Singh, Advocate for the petitioner. Mr. S.S.Gill, DAG, Punjab. **** On 21.03.2011 the following order was passed:- “This is a petition for anticipatory bail filed in case bearing FIR No. 189 dated 07.12.2010, under Sections 420, 465, 467, 468, 471, 120-B IPC registered at Police Station City South Moga, District Moga. On the last date the following order was passed:- “Learned Senior Counsel has argued that before straight away arraigning the petitioner with creation of false record it should have been at least prima facie established that the false record was in the hand writing of the petitioner or had been issued by the petitioner. Notice of motion. Mr. Gazi Mohammad, DAG, Punjab, at the asking of the Court, accepts notice on behalf of the respondent- State. Mr. H.S.Sangha undertakes to supply two copies of the petition to the learned DAG during the course of the day. Adjourned to 21.3.2011.” Learned DAG, on instructions from Head Constable Charanjit Singh, states that there are direct allegations against the petitioner in the FIR. That may be so but the fact remains that there has not yet been any prima facie establishment of either creation of false record or issuance of false record by the petitioner. In my considered opinion, if the petitioner joins the CRM-M No. 6420 of 2011 -2- investigation and, in case the prosecution is prima facie satisfied that either the petitioner created false record or issued false record then protection can be withdrawn. In the circumstances, adjourned to 20.04.2011. Let the petitioner appear before the investigating officer on 31.03.2011 between 10.00 a.m. to 4.00 p.m. and thereafter also as and when required. In the meantime arrest of the petitioner shall remain stayed.” Today learned DAG, on instructions from ASI Malook Singh, has stated that the sample handwriting which was given by the petitioner was sent to the Forensic Science Laboratory to compare whether the false record was created by him or not. As per the report of the Forensic Science Laboratory the handwriting samples match. In this view of the matter the petition is dismissed. ( AJAY TEWARI ) JUDGE September 07, 2011 sunita