IN THE HIGH COURT OF CHHATTISGARH, BILASPUR
Ramesh Sinha, C.J., Rajani Dubey, J.
Murit Ram Sahu S/o Late Chamru Ram Sahu and ors. - Petitioners
Versus
State Of Chhattisgarh Through Station House Officer and ors. – Respondents
CRMP No. 258 of 2020, CRMP No. 2584 of 2018
Decided On : 10-05-2024
Forgery - Criminal Complaint - Indian Penal Code - Sections 420, 467, 468, 471 and 34
Fact of the Case:
The case involved a complaint filed by the respondent against the petitioners for forgery and obtaining employment at SECL by portraying false identities and using forged documents. The complainant alleged that the petitioners obtained a job in SECL by portraying themselves as the husband and family members of the landowner, which the complainant claimed to be false.
Finding of the Court:
The court found that the delay of 30 years in filing the complaint raised doubts about the credibility of the allegations. The court also noted discrepancies in the complainant's documents and found the allegations to be unsubstantiated. The court quashed the order directing the registration of the FIR and the consequent registration of the FIR against the petitioners.
Issues: The issues involved the credibility of the complainant's allegations, the delay in filing the complaint, and the discrepancies in the complainant's documents.
Ratio Decidendi: The court held that if the allegations, even when taken at face value, do not constitute an offense or make out a case against the accused, the court may interfere to prevent abuse of the legal process or to secure the ends of justice.
Final Decision: The court quashed the order directing the registration of the FIR and the consequent registration of the FIR against the petitioners.
ORDER :
Ramesh Sinha, C.J.
1. Since the facts and issues involved in both the petitions are similar, they are being considered and decided by this common judgment.
2. Challenge in these petitions is to the order dated 12.06.2018 passed by the learned Judicial Magistrate, First Class, Katghora, District Korba, by which it has directed the Police to register an FIR against the petitioners. The petitioners also challenge the consequent registration of the FIR bearing Crime No. 136/2018 at Police Station, Dipka, District Korba, for the offences under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code.
3. The facts, as projected by the petitioners, are that the respondent No. 2 filed a complaint under Section 200 of the Code of Criminal Procedure, 1973 before the Judicial Magistrate First Class, Katghora on 10.01.2018 against the petitioners alleging that the petitioner-Paushik Ram Sahu by portraying himself as the husband of the private respondent, has obtained a job in the SECL in lieu of acquisition of land bearing Khasra No. 103/15, Area 0.25 Acre, situated at village- Bijhra, Tehsil Katghora, District- Korba which is owned by the private respondent. The petitioner-Murit Ram Sahu is the alleged husband of the private respondent who is a attesting witness in the sale deed dated 10.02.1981, by which the private respondent obtained the land. The petitioner-Paushik Ram Sahu is the brother-in-law of the petitioner- Murit Ram Sahu. The said land was purchased by the father of the private respondent from one Thakur Singh through a registered Sale Deed date 10.02.1981 and after mutation of the land records the private respondent's name was entered into the land records. It has further been alleged by the complainant that the land was acquired by the SECL in 1989 with a provision that the owner of the land or a family member would be provided with the job in lieu of acquisition. The complainant made multiple representations to the SECL and it was informed to her on 09.08.2017 that the aforesaid land belonged to one Geeta Bai daughter of Sahdev and lieu of acquisition of said land, her husband i.e. petitioner-Paushik Ram Sahu was given a job with the SECL. It is the allegation of the complainant that the petitioner-Paushik Ram Sahu has forged the documents to portray the complainant Geeta Bai as his wife and obtained employment at SECL in October, 1989. It has been alleged that Murit Ram Sahu is the husband of the complainant Geeta Bai and they got married in the year 1972-73 and have 2 sons out of the wedlock. It has further been contended by the complainant that the petitioner-Murit Ram Sahu forged the documents to portray complainant as wife of Paushik Ram Sahu who is his brother in law and helped Paushik Ram Sahu to obtain a job at SECL. The petitioners along with other co accused namely Bhuwan Lal Sahu have forged the documents and obtained the job at SECL by forging the signature of complainant. The said complaint was registered as criminal case No. unregistered.
4. The learned Judicial Magistrate First Class, Katghora, District Korba called for a preliminary report from the police pursuant to which a report dated 09.04.2018 was submitted by the police stating that the name of the husband of the complainant is Murti Singh and the complainant has falsely stated the name of the petitioner-Murit Ram Sahu as her husband. The complaint filed by the complainant is false and has merely been ile to harass the accused persons. Thereafter, vide order dated 12.06.2018 while deciding the application under Section 156(3) Code of Criminal Procedure filed by the complainant, the learned Magistrate held that the perusal of the documents and the complaint filed by the complainant discloses a cognizable offence and hence, directed the police authorities to register the FIR against the present petitioners.
5. In compliance of the aforementioned order passed by the learned JMFC, Katghora, the police registered an FIR on 16.07.2018 against the petit
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