The central legal point established is that the Court has the authority to direct further investigation under Section 173(8) of the Cr.P.C. to ensure fair and just proceedings, especially in cases involving forgery.

1. Through the instant petition filed under Section 561-A Cr.P.C. read with Section 439 of the Code of Criminal Procedure, petitioner seeks quashing of order dated 23.05.2015, passed by learned Court of Additional Sessions Judge, Doda.

2. The case of the petitioner is that a case FIR No.43/2008 was registered by Police Station, Doda against him for offences under Sections 420/466/467/468/471 RPC which culminated into presentation of Charge Sheet bearing No.106/09 dated 29.06.2009 before the Court of Additional Sessions Judge, Doda and has been registered as File No.23/Sessions.

3. It is stated that the allegation against the accused, who was then Constable No. 234/D (now H.C No. 4/D), and posted at Police Station, Doda, is that he has prepared a Character verification certificate in favour of one Liyaqat Ali S/o Ghulam Hussain and has forged the signature of the then SHO Doda Sh. Inder Singh Jasrotia, due to which, said Liyaqat Ali who was involved in a Criminal case though acquitted, was appointed as Constable in IRP IVth Battalion. The alleged Character Verification certificate was in the handwriting of petitioner which has been confirmed by FSL report, but the seal and signature of the attesting/issuing authority i.e., SHO Doda has not been sent to FSL to determine who has signed on the certificate. It is stated that the matter was argued for the purpose of Charge/Discharge and the Counsel for accused/petitioner vehemently argued that if there is an allegation of the accused forging the signature of issuing authority i.e. the then SHO, then why the said signature has not been sent to handwriting expert to prove and establish that the accused/petitioner had actually forged the document. The issuing officer can be absolved from his responsibility only if the signatures are proved to be forged. It is further stated that in this particular case, the investigating agency has deliberately left out the signature of SHO from the FSL scan and has not sent his signature to expert for confirmation and this being so the offence of forgery or preparing of a fake document cannot be slapped against the petitioner and he cannot be charged of an offence which has not even been prima facie established by the investigation.

4. It is further contended that the learned Trial Court after hearing the arguments on charge/discharge and after applying its mind, passed an order dated 23.05.2015. Operative part of said order reads as follows:-

“Fact remains that the document in question got sanctity only when it was finally stamped and signed by the authority. Moreover when SHO under whose alleged stamp and signature the document in question stands issued has categorically denied his signature on the said document. Obviously in such an eventuality it was legally incumbent upon the I.O to take the specimen signatures of SHO and of Nek Ram and both should have been sent to FSL to determine who has signed on the certificate and then culpability should have been determined and fixed.

In view of this huge lacuna on the part of the investigation agency, this Court deems it proper to direct the prosecution to conduct further investigation in the matter and come to the conclusion as so who actually has forged the signature on the questioned document which has been issued to the aforenamed accused Liayat Ali, particularly in this backdrop when the counsel for the accused Nek Ram has alleged that the signature on the questioned document has been signed by the then SHO P/S Doda namely Inder Singh Jasrotia, Inspector. This part of the investigation is of paramount importance for reaching to the just conclusion.

Prosecution is therefore, directed to take the specimen signatures of the then SHO P/S Doda namely Inder Singh Jasrotia and send them to FSL, Jammu for examination and matching with the signature on the questioned document, alongwith the specimen signatures of the accused Nek Ram and after investigating the matter afresh, file the fresh supplementary r