IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 1392 of 2007 . Date of Decision : July 21, 2009. The State of Punjab. ...... Petitioner. Versus. Bhola Singh S.I. / S.H.O. Dhalam Kot District Moga son of Kharait Singh Caste Sansi resident of Kalmuwala P.S. Ghal Khurd District Ferozepur now Industrial Area, Ferozepur, and another. ..... Respondents. Criminal Revision No. 872 of 2008. Bhola Singh S.I. / S.H.O. Dharamkot District Moga son of Kharait Singh resident of Village Kalmuwala P.S. Ghalkhurd District Ferozepur, Punjab. ...... Petitioner. Versus. State of Punjab. ..... Respondent. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Aman Deep Singh Rai, A.A.G. Punjab, for the State (petitioner/respondent). Mr. P.L. Singla, Advocate, for the respondent No. 2-H.C. Tara Singh (Crl. Revision No. 1392 of 2007). Mr. R.S. Rai, Senior Advocate, with Ms. Meenakshi Dogra and Mr. Gautam Dutt, Advocates, for the petitioner/respondent-S.I. Bhola Singh (Crl. Revision. No. 872 of 2008). AUGUSTINE GEORGE MASIH, J. (ORAL). By this order, I propose to dispose of Crl. Revision No. 1392 of 2007, preferred by the State of Punjab against S.I. Bhola Singh and H.C. Tara Singh, wherein they have been discharged by Special Judge, Moga, vide Criminal Revision Nos. 1392 of 2007 and 872 of 2008. order dated 14.12.2006 and Crl. Misc. No. 872 of 2008, preferred by S.I. Bhola Singh against order dated 19.03.2008, passed by Special Judge, Moga, vide which S.I. Bhola Singh was summoned under Section 319 Cr.P.C. I have heard counsel for the parties. Vide order dated 28.04.2009, the record of the Trial Court was summoned and I have gone through the same. Perusal of the record clearly shows that entries No. 21, 22 and 25 dated 22.10.2005 in the original Rapat Rojnamcha Register of police station Dharamkot, has been tampered with, wherein the name of S.I. Bhola Singh has been introduced in place of some other official by initially erasing the earlier official's name just to show that S.I. Bhola Singh was present in the police station when subsequently the raid was conducted. Special Judge, Moga, vide order dated 14.12.2006, while discharging S.I. Bhola Singh and H.C. Tara Singh had relied upon the original record to come to this conclusion that in view of tampering with the record by incorporating the name of S.I. Bhola Singh in place of some other official, the evidence which is documentary in nature, is apparently tampered with, cannot be relied upon and made the basis for proceeding against S.I. Bhola Singh. Further as per allegations made, H.C. Tara Singh had only alleged to have been helped S.I. Bhola Singh to escape from the place of raid. In view of the above, no fault can be said to have been committed nor any illegality is found in the order dated 14.12.2006, passed by Special Judge, Moga, which would call for interference by this Court. Order dated 19.03.2008, vide which S.I. Bhola Singh has been summoned under Section 319 Cr.P.C., cannot be sustained for the reason that it is not based on the evidence on record and he has been -2- Criminal Revision Nos. 1392 of 2007 and 872 of 2008. summoned merely on the statement of witness, which ultimately is dependent on the document, which has been found to be not reliable, thus, order dated 19.03.2008, cannot be sustained. In view of the above, Criminal Revision No. 1392 of 2007, preferred by the State of Punjab, stands dismissed and Criminal Revision No. 872 of 2008, preferred by S.I. Bhola Singh, is allowed. Order dated 19.03.2008, passed by Special Judge, Moga, is hereby set aside and order dated 14.12.2006, passed by Special Judge, Moga, discharging S.I. Bhola Singh and Head Constable Tara Singh, is hereby upheld. The original record be sent back to the Trial Court. (AUGUSTINE GEORGE MASIH) JUDGE July 21, 2009. sjks. -3-