Crl.M.No. M-32260/2010(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M.No. M-32260/2010(O&M) Date of decision:2.11.2010. Head Constable Gurwant Singh ....................Petitioner v. State of Punjab and another. .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Hari Singh Mann,Advocate for the petitioner. Jaswant Singh.J.(Oral) Prayer under section 482 Cr.PC is for quashing of FIR No.351 dated 10.8.2010 under Sections 420,468,471,120-B IPC, PS Civil Lines,Amritsar and all subsequent proceedings arising therefrom. As per allegations in the FIR, the petitioner was enrolled in service as Constable on 12.11.1996 on the basis of a forged matriculation certificate produced by him. It is submitted by the learned counsel that petitioner has been a victim of revengeful and malicious attitude of his colleagues. It is alleged that one Kuldip Singh, Head Constable in connivance with one Rakesh Kumar working as CRC in the office of Commissioner of Police hatched a conspiracy against the petitioner and sent a complaint to the higher authorities that the petitioner had obtained employment on Crl.M.No. M-32260/2010(O&M) 2 the basis of a bogus matriculation certificate. On receipt of the said complaint,a departmental enquiry was conducted and the petitioner was dismissed from service on 14.7.1997. The appeal and revision filed by the petitioner were also dismissed by the DIG and IG respectively. Thereafter, the petitioner filed a suit for declaration that his termination order was illegal against law and in violation of the Punjab Police Rules. The said suit was dismissed by the trial Court, however, in appeal the learned District Judge, set aside the judgment and decree passed by the trial Court and decreed the suit of the petitioner to the effect that the dismissal order dated 14.7.1997, the order passed in appeal dated 8.9.1998 and the order passed in revision dated 5.3.1999 are illegal in so far as the length of service of the plaintiff and his claim to pension has not been considered at the time of passing order of dismissal and that fresh order shall be passed by the punishing authority after taking into consideration his length of service and claim to pension. Thereafter the petitioner was reinstated in service on 17.11.2005. However, again on receipt of complaints that matriculation certificate produced by the petitioner was forged, a second inquiry was marked to DSP(HQ)Amritsar, in which the petitioner was exonerated. It is further alleged that even thereafter a third enquiry was conducted by DSP(D) who also found that the matriculation certificate of the petitioner was genuine and this enquiry report submitted by DSP(D) was accepted by SSP Amritsar vide order dated 15.2.2010. It is averred that despite petitioner having been Crl.M.No. M-32260/2010(O&M) 3 exonerated in the departmental inquiries, still the aforesaid FIR has been lodged against the petitioner. It is submitted by the learned counsel for the petitioner that once the Secretary, Punjab School Education Board,Mohali vide letter no. 85/5P dated 27.1.2010 and letter no. 1741/Verification/Certificate dated 3.2.2010 has intimated that the certificate produced by the petitioner is genuine/correct, there was no occasion to lodge the present FIR. After hearing the learned counsel for the petitioner and perusing the record, in my opinion, no ground for quashing the FIR is made out. The petitioner had earlier approached this Court seeking anticipatory bail vide Crl.M.No.M-26561 of 2010, which was dismissed as withdrawn vide order dated 23.9.2010. In the said petition copy of order dated 1.9.2010 passed by learned Additional Sessions Judge, Amritsar has been enclosed as Annexure P3, vide which the anticipatory bail application of the petitioner was dismissed. In the said order in para 5 learned Additional Sessions Judge has categorically noticed as under:- “5. A perusal of the record has, prima facie, shown that although the applicant-accused Gurwant Singh was to be not involved in commission of offence for getting matriculation certificate but Deputy Secretary, Certificate, Punjab School Education Board, Mohali vide his letter no.2244 dated Crl.M.No. M-32260/2010(O&M) 4 19.7.2010 has specifically informed the Police Commissioner that no earlier report was sent by the Education Board in regard to the certificate concerning Gurwant Singh son of Gian Singh and if any such report has been received, the same has not been sent by the competent authority and is not to be taken as correct. The gazette notification regarding the result of matriculation examination March 1983 conducted by Punjab School Education Board has shown that Joginder Singh son of Parkash Singh had appeared against the said Roll No.60236 and Gurwant Singh had not appeared against the said roll number. This prima facie, shows that the certificate produced by applicant- accused Gurwant Singh was false and forged one. In such like circumstances, his custodial interrogation is required for investigating as to from where he had procured the certificate and as to which persons were instrumental in forging the said record. Accordingly, the bail application stands dismissed. File be consigned to the record room.” In view of the aforesaid material available on record, it is evident that against Roll No. 60236 for the Matriculation Examination held in the year 1983, one Joginder Singh son of Parkash singh is Crl.M.No. M-32260/2010(O&M) 5 shown to have appeared and not petitioner, as alleged. It is thus, natural for the authorities to lodge an FIR and investigate the matter. By no stretch of reasoning/imagination it could be said that the present FIR lodged against the petitioner is a product of revengeful and malicious attitude of his colleagues. No ground for quashing the FIR is made out. Dismissed. 2.11.2010 (Jaswant Singh) joshi Judge