The court cannot quash a criminal proceeding if a prima facie case is made out, and the evidence produced by the accused in his defense cannot be considered at the initial stage of the criminal proceedings.

JUDGMENT :

1. The petitioner has questioned the FIR No.25/2012 dated 19th September, 2012, registered by Police Station, Crime Branch, Kashmir, under Section 420, 120-B RPC read with Section 5(2) of Prevention of Corruption Act, on the ground that the Scheduled Tribe certificate issued by the competent authority in favour of the petitioner is genuine and despite the fact that investigation was closed, as the allegations could not be proved, but still the respondents are continuing with the investigation of the case.

2. In the status report filed by the respondents in the month of July, 2022, it is stated that Police Station, Crime Branch, Kashmir, Srinagar, received a written complaint from Zonal Education Officer, Kulgam, stating therein that one Rashid-ul-Hassan Gojjar S/o Gh. Hassan R/o Arigatnoo Tehsil Kulgam was appointed as Teacher through Service Selection Board under ST category. He had submitted his joining report on 07.11.2007 in the office of Zonal Education Officer, Kulgam, and presented the requisite certificates/documents including Scheduled Tribe Certificate, Permanent Resident Certificate and Date of Birth certificate. On examining the certificates, it was found that the caste of the appointee in DOB certificate is reflected as ‘Wagay’ which contradicts with the caste of ‘Gojer’ reflected in PRC and ST certificate. A preliminary verification was conducted in the matter and it was revealed that the actual caste of the appointee was ‘Wagay’ and he in league with the revenue officials managed to change his caste from ‘Wagay’ to ‘Gojer’ and finally FIR No.25/2012 under Section 420, 120-B RPC read with Section 5(2) of PC Act was registered in Police Station, Crime Branch, Kashmir. During investigation, the statement of Shri Tariq Ahmad Reshi, the then Tehsildar Kulgam was recorded, who stated that during his posting as Tehsildar Kulgam, he received a complaint from Hon’ble Chief Ministers Grievance Cell against the petitioner and, accordingly, enquiry was initiated. During enquiry, the statements of concerned Patwari, Chowkidar and Numberdar of the village were recorded. The said witness further stated that he perused the relevant record/documents relating to issuance of ST certificate in favour of the petitioner. Since the office of Tehsildar, Kulgam was destroyed in a fire incident in February, 2013, so no official record was available in Tehsil Office, Kulgam. He further conducted enquiry into the matter and arrived at the conclusion that a mutation has been wrongly incorporated in Jamabandi and Girdawari of the concerned Halqa. During further investigation, the order dated 24th April, 2012 passed by the accused Tehsildar Mohammad Amin Dar was brought on record and it revealed that the then Tehsildar Settlement, Kulgam, had directed the Patwari concerned to incorporate mutation No.391/1 in Misilisalan of Village Arigatnoo but mutation No.391/1 was non-existent and the Tehsildar misused his official position and directed Patwari concerned to enter a non-existent mutation into revenue record in order to shower undue benefit upon the beneficiary. During further investigation, it was revealed that the ST certificate has been issued on the basis of fake and forged mutation No.391/1 attested by Mohammad Amin Dar, the then Naib Tehsildar. The complicity of the petitioner Rashid-ul-Hassan Gojjar, Ab. Rashid Zargar, Gh. Mohammad Bahroo and Mohammad Amin Dar was established in the preparation of Scheduled Tribe Certificate on the basis of fake revenue record. It is also stated that the mutation No.391/1 dated nil attested by Naib Tehsildar concerned with respect to change of caste from Sheer Gojer to Gojer has been set aside.

3. Learned counsel for the petitioner has submitted that the Investigating Officers earlier had closed investigation of the FIR as untraced in absence of evidence but without any justification, the respondents are continuing with the investigation. He further submitted that PW Ghulam Nabi Bhat, Number