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2018 DIGILAW 143 (HP)

Naresh Chand v. State Of Himachal Pradesh

2018-01-11

SURESHWAR THAKUR

body2018
JUDGMENT Sureshwar Thakur, J —Through the instant petition, the petitioner prays for quashing of FIR No. 13 of 2010, of 14.8.2010, registered with Anti Corruption, District Solan at Police Station, Solan, H.P., constituting therein commission, of offences punishable under Sections 420, 467, 4787, 471 and 120-B of the IPC and Section 13(2) of the Prevention of Corruption Act, 1988 AND also therein, relief, for, proceedings in consequence thereto pending before the learned trial Court concerned being also ordered to be quashed and set aside, are, prayed for. 2. The petitioner is serving as a driver at the Office of BMO, Chandi, District Solan, H.P. In the matriculation certificate of the petitioner, his date of birth is recorded, as 27.11.1967. The prosecution contends (i) that his date of birth in the apposite original leaf, of, the service book, of the petitioner, maintained at the office of his employer, bears consonance with his matriculation certificate, AND stood, depicted as 27.11.1967, (ii) yet it is alleged, by, the prosecution that (a) the aforesaid original leaf of the service book, of, the petitioner has been misplaced, (b) and the petitioner therein, had therein untenably altered his date of birth, from 27.11.1967 to 27.11.1969, (c) visibly for getting benefits of serving, for, longer duration(s) of time, in the department concerned, (d) besides the prosecution alleges, that, upon the petitioner apprehending, detection of, his wrongful tamperings with the original leaf of his service book, (e) thereupon, his for hence precluding detection(s) thereof, his replacing it with a new leaf, embodying therein, his date of birth as 27.11.1967. 3. The learned counsel appearing for the petitioner has contended with vigour, that, since the original apposite leaf, occurring, in the service book of the petitioner, is not traced and (b) with the replaced leaf thereof, bearing consonance, with the date of birth of the petitioner, occurring, in his matriculation certificate, thereupon, prima faice no wrongful loss would be caused vis-a-vis the State exchequer nor any wrongful gain would occur to the petitioner, especially qua his purportedly elongating the duration of his service. 4. 4. The force of the aforesaid submission, made before this Court by the learned counsel appearing for the petitioner, is, for the reasons to be ascribed hereinafter, rendered wholly frail besides is enfeebled, by the FSL concerned , in its report making (a) a clear visible disclosure, of, the writings or scribings occurring in the replaced leaf, of, the service book, of the petitioner, being in the admitted writings of the petitioner. (b) with the abstract of the Pariwar Register, carrying reflections, of, the date of birth of the petitioner being 27.1.1969, (c) the medical certificate and affidavit thereto appended by the petitioner, as submitted by him, at the time of his joining the department in the year 1994 also making disclosures of the date, of, birth of the petitioner being reflected therein to be 17.11.1969, (d) thereupon, there appears prima facie veracity(ies) , in, the prosecution''s allegations, of, the removal(s) , of, the apposite original leaf, from, the service book of the petitioner, occurring at the instance of the latter, while his holding the capacity(ies) to access it, given his serving, at the apposite time, in the office of BMO, Chandi, (e) besides emanating, from, his carrying a mens rea, for, precluding detections, of, his untenable alterations also prima facie disclosing, of, his destroying a valuable security. 5. Be that as it may, at this stage, with the FSL concerned, making, a firm opinion that the scribings on the purportedly replaced leaf, occurring, in the service book of the petitioner, being, in the admitted writings of the accused/petitioner, (i) thereupon, with the petitioner being not empowered to make scribings thereon, hence, gives formidable leverage, to, prosecution''s allegations, of, the petitioner/accused, for, precluding the detection, of, his altering, his date of birth, in the apposite leaf, of his service book, his causing disappearance(s) thereof, (ii) whereafter his for, bringing concurrence(s) , of, his date of birth, in the replaced the page, vis-a-vis the one reflected in his matriculation certificate, his hence making tampering(s) by making apposite scribings, opined, by the FSL concerned to be in his handwriting. 6. 6. The upshot of the aforesaid discussion is that prima faice at this stage, the prosecution''s allegations of the accused/petitioner hence destroying, a valuable security also his inaptly making AND without his holding any authority under law, scribing , the recitals in the replaced page of the original leaf, of, the service book, obviously also prima facie , carry, an aura of truth. 7. For the foregoing reasons, there is no merit in the instant petition and it is dismissed accordingly. All pending applications are also dismissed. No costs. Records be sent back. The parties are directed to appear before the learned trial Court on 26th February, 2018. However, it is made clear that the observations made hereinabove shall have no bearings on the merits of the case.