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2025 DIGILAW 53 (JK)

Hakim Din v. U. T. of J&K

2025-02-20

RAJNESH OSWAL

body2025
JUDGMENT CRM(M) No. 856/2024 1. This petition has been filed by the petitioner for the quashingof FIR bearing No. 82/2024 dated 11.11.2024 registered with Police Station, Gool for commission of offences under Sections 420 , 465 and 468 IPC . 2. It is stated that the petitioner was appointed as SPO in the Police Department in the year 2014 and was promoted as Constable vide order dated 14.03.2023 but the said order was not implemented due to the issue of verification of the school records. When the various representations for effecting the order of promotion were not considered by the employer, the petitioner was constrained to file application dated 03.06.2024 before the Central Administrative Tribunal (CAT), Jammu against the School Authorities and the Police Department. Directions were sought upon the respondents therein that the petitioner be allowed to join the services as Constable and the promotion order be implemented in its letter and spirit. Learned CAT after hearing the parties vide interim order dated 07.06.2024 directed the respondents therein to allow the applicant/petitioner herein to join at the post of constable provisionally. When the said order was not implemented, the learned Tribunal vide order dated 10.10.2024 directed the personal appearance of the Senior Superintendent of Police, Ramban. It is stated that as far as allegations of the wrong date of birth are concerned, in all the documents of the petitioner like PAN Card, Aadhar Card and the Date of Birth certificate, the date of birth of the petitioner has been mentioned as 01.01.1987, similar to the date depicted in the School Leaving Certificate but the Police has wrongly enquired into the matter and false and frivolous allegations of forgery have been leveled against the petitioner. The petitioner has placed on record the copies of OA preferred before the CAT, PAN card, Aadhar Card and order dated 07.06.2024. 3. The respondents have filed the objections, stating therein that a letter dated 11.11.2024 alongwith enquiry report of In-charge, Police Post, Ind (Gool) was received at Police Station from SDPO Police Station, Gool for registration of FIR. In the enquiry report, it was stated that the In-charge Police Post Ind, (Inquiry Officer) has enquired from the In-charge Headmaster of Government High School, Ind in respect of the school record of the SPO-Hakim Din i.e. the petitioner herein. In the enquiry report, it was stated that the In-charge Police Post Ind, (Inquiry Officer) has enquired from the In-charge Headmaster of Government High School, Ind in respect of the school record of the SPO-Hakim Din i.e. the petitioner herein. On enquiry and after checking the school records and as per statement of the said In- charge Headmaster, it has been found that the Date of Birth of Hakim Din is 10.01.1981 and the School Leaving Certificate of 8 th Class produced by the said person, namely, Hakim Din i.e. the petitioner herein for recruitment, is not genuine and has not been issued from the Government High School Ind. Even the admission No. 632 which is shown in the School Leaving Certificate did not belong to the petitioner-Hakim Din but belongs to girl child, namely, Meenakshi Sharma as per the school record. It is further stated that the reply provided by the Government High School Ind to SSP Ramban in respect of the genuineness of 9 th Class Leaving Certificate, vide No. HIS/2023/01 dated 03.04.2023, the certificate was also got tampered after being issued. The number 9 th was changed to 8 th after it was issued from the school. After enquiry, FIR No. 82/2024 for commission of offences under sections 420, 465 and 468 IPC was registered with Police Station, Gool. 4. During investigation, the Investigating Officer seized the documents, Enquiry Report, Attendance Register, Result Register, School Leaving Certificate Register and prepared seizure memo and recorded the statements of the witnesses. The Investigating Officer also seized the original documents of the accused from District Police Headquarters Ramban. It is stated that the accused did not cooperate with the Police and also, did not appear before the Investigating Officer for investigation. 5. Learned counsel for the petitioner has argued that false and frivolous FIR has been registered against the petitioner and in all the documents i.e. Date of Birth Certificate, PAN Card, Aadhar Card and the certificate issued by the BDO, the date of birth of the petitioner has been mentioned as 01.01.1987. 6. Per contra, Mr. Eishan Dadhichi, learned GA appearing for the respondents has argued that the petitioner had obtained the employment on the basis of forged certificate which has been duly established during the course of investigation, as such, at this stage, the FIR cannot be quashed. 7. Heard and perused the record including the Case Diary. 6. Per contra, Mr. Eishan Dadhichi, learned GA appearing for the respondents has argued that the petitioner had obtained the employment on the basis of forged certificate which has been duly established during the course of investigation, as such, at this stage, the FIR cannot be quashed. 7. Heard and perused the record including the Case Diary. 8. The allegations against the petitioner are in respect of the submission of fake School Leaving Certificate for the purpose of getting enrolled as SPO in the Police Department. There is a certificate dated 13.04.2023 demonstrating that the School Leaving Certificate of Class 8 th of the petitioner-Hakim Din of Government High School, Ind issued on 06.03.2001 is not genuine/authentic as per school record. The documents in the form PAN Card, Birth Certificate issued by the Block Development Officer, Gool in the year 2023 and the Aadhar Card cannot be relied upon at this stage, particularly when the allegations against the petitioner are in respect of the getting the enrolment as SPO in the Police Department on the basis of fake date of birth certificate. The Investigating Officer has come to the conclusion that the admission No. 632, which is shown on School Leaving Certificate, does not belong to Hakim Din but to one girl, namely, Meenakshi Sharma. The contention of the petitioner that no offence is made out against him is misconceived. In view of the evidence collected by the Investigating Officer, the FIR impugned cannot be quashed at this stage. 9. In view of the above, the present petition is found to be misconceived, as such, the same is dismissed . The Investigating Officer is directed to conclude the investigation as expeditiously as possible. Bail App No. 270/2024 1. The Coordinate Bench of this Court vide order dated 18.11.2024, while granting interim bail to the petitioner, had directed that he shall cooperate with the Investigating Agency as and when called for and failure of the petitioner to cooperate with the Investigating Agency would entail cancellation of the bail concession. 2. A perusal of the CD file reveals that the petitioner was summoned for appearance on 16.12.2024, 20.12.2024 and 13.02.2025 but the petitioner did not appear before the Investigating Agency. 3. 2. A perusal of the CD file reveals that the petitioner was summoned for appearance on 16.12.2024, 20.12.2024 and 13.02.2025 but the petitioner did not appear before the Investigating Agency. 3. In view of above, this Court directs the petitioner to appear before the Investigating Officer from 24.02.2025 to 27.02.2025 from 10 AM to 4 PM and in the event, the petitioner does not appear on the said dates, this Court shall be constrained to withdraw the concession of bail granted to the petitioner vide order dated 18.11.2024. The respondent shall report on the next date of hearing with regard to cooperation of the petitioner during investigation and his appearance before Investigating Officer on the aforesaid dates. 4. List on 01.03.2025. 5. CD file be returned back to the counsel for the respondent. 6. Meanwhile, interim direction shall continue.