Criminal Misc. M No.7870 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Misc. M No. 7870 of 2009 Date of Decision: April 16, 2009 Gurbir Singh and another ...........Petitioners Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.S.S.Deol,Advocate for the petitioners. Mr.Amandeep Singh Rai,Assistant Advocate General,Punjab ** Sabina, J. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure seeking quashing of impugned order dated 10.2.2009 passed by the Judicial Magistrate Ist Class Tarn Taran. Petitioners moved a representation dated 26.4.2006 to D.G.P Punjab with copies to the Chief Minister, Punjab, S.S.P. Tarn Taran etc. alleging therein that Constable Ajmer Singh, who has been recruited in ex- serviceman quota has been recruited on the basis of fake certificate and tampered discharge book in which No.6 has been altered to No.8. The said representation was inquired into by the D.S.P.(Head quarter) Tarn Taran and vide (Annexure P4), the same was found to be false. Thereafter, action was sought to be taken against the petitioners under Sections 182 and 211 IPC. During trial, Jaswant Singh (PW2) was examined. His examination-in-chief Criminal Misc. M No.7870 of 2009 2 was recorded but his cross-examination was ordered to be treated as nil as the learned counsel for the petitioners raised an objection that the witness had not brought the original 8th standard certificate and discharge book and so he could not cross-examine the witness. Learned counsel for the petitioners has submitted that the original 8th standard certificate and discharge book were necessary for effective cross-examination of Jaswant Singh (PW2) to point out the tampering of 6th class to 8th class. A perusal of Annexure P4 reveals that name and father's name of Sepoy Ajmer Singh was found to be correct The entry in jamabandi regarding his landed property were in the name of Ajmer Singh himself. His verification role at the time of recruitment was also verified. At the time of recruitment, Ajmer Singh had submitted middle standard certificate in which his date of birth is mentioned as 15.4.1958. He has obtained 8th class certificate during his military service, but at the time of joining the army, he had studied upto 6th class. However, the complaint was found to be false and it was recommended in the report that the proceedings under Sections 182 and 211 IPC be initiated against the petitioners. As per the military record also, the name, father's name, date of birth of Sepoy Ajmer Singh were found to be correct. The trial Court vide impugned order had declined the objection raised by the learned counsel for the petitioners to the effect that witness Jaswant Singh (PW2) could not be cross-examined as he has not brought 8th standard certificate and discharge book. Learned trial Court observed that a perusal of the record reveals that the witness has verified the fact regarding Ajmer Singh and has found the same to be correct. As Criminal Misc. M No.7870 of 2009 3 per the order of appointment letter in the police service file, the said witness had not relied upon the documents being sought by the learned counsel for the accused. Reasons given by the trial Court declining the objection raised by the learned counsel for the petitioners are sound reasons. As per report of D.S.P (Headquarter) Tarn Taran, Jaswant Singh (PW2), it was found that at the time of recruitment Sepoy Ajmer Singh has studied upto 6th class and obtained 8th class certificate during his military service. In these circumstances, no interference is called for. Despite opportunity, learned counsel for the petitioners has failed to cross-examine Jaswant Singh (PW2). However, in the interest of justice, it would be just and expedient to allow the petitioners to cross-examine Jaswant Singh (PW2) in the absence of the original 8th standard certificate and discharge book. Accordingly, the trial Court is directed to allow one opportunity to the petitioners to cross-examine Jaswant Singh (PW2) in the absence of original 8th class certificate and discharge book. (Sabina) Judge April 16, 2009 arya