Jai Pal vs Gian Chand

Sabina, J.—This petition has been filed by the petitioner u/s 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No. 220/07 dated 17.10.2007 (Annexure P-2) titled Gian Chand vs. Jai Pal under Sections 419, 420, 467, 468, 471 of the Indian Penal Code, 1860 and all the subsequent proceedings arising therefrom including summoning order dated 9.7.2009 (Annexure P-3). Learned senior counsel for the petitioner has submitted that the complaint in question has been filed against the petitioner levelling allegations of cheating and forgery. As per the complaint, petitioner had got a caste certificate issued in his favour depicting himself to be resident of village Uchana. On the same day, petitioner had also got a domicile certificate depicting himself to be resident of village Uchani. Learned senior counsel has further submitted that, in fact, the caste certificate had also been issued showing the petitioner as resident of village Uchani. Complaint in question had been filed against the petitioner by levelling false allegations.

None has appeared on behalf of the respondent.

Case of the complainant, in brief, as per complaint (Annexure P-2) is that a post of lambardar had fallen vacant. Petitioner was resident of village Uchana and had got certificate from the competent authority regarding his caste showing him to be resident of village Uchana. The said certificate was issued on 5.9.1995 bearing No. 1330. On the same day, petitioner had got another certificate showing him as resident of village Uchani vide No. 1917. Thus, the petitioner, on the basis of forged caste certificate, wanted to seek appointment as a lambardar of village Uchani.

Annexure P-4 is the certificate in question. A perusal of the vernacular of Annexure P-4 reveals that the same depicts the petitioner as resident of village Uchani. Original of Annexure P-4 has also been shown, during the course of arguments, and a perusal of the same reveals that the certificate was issued qua his caste in favour of the petitioner showing him to be resident of village Uchani. In these circumstances, continuation of criminal proceedings against the petitioner would be nothing but an abuse of process of law. Accordingly, this petition is allowed. Criminal complaint No. 220/07 dated 17.10.2007 (Annexure P-2) titled Gian Chand vs. Jai Pal under Sections 419,420, 467, 468, 471 IPC and all the subsequent proceedings arising therefrom including summoning order dated 9.7.2009 (Annexure P-3) are quashed.