The court upheld the FIR against the petitioner for forgery, emphasizing that evidence collected during the investigation justified the charges and the FIR could not be quashed.

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. 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 wi