ORDER :

SANJAY PARIHAR, J.

CRM (M) No. 695/2021

1. The petitioners, through the instant petition filed under Section 482 Cr.P.C., seek quashment of FIR No. 198/2021 dated 12.10.2021 registered at Police Station Mandi for offences under Sections 354, 323 and 382 IPC, along with consequential proceedings arising therefrom.

2. The case of the complainant, as reflected in the FIR, is that on the date of occurrence, when she was alone at her residence, the petitioners forcibly entered her house, caught hold of her from her private parts, tore her clothes and attempted to outrage her modesty. It is further alleged that upon her raising hue and cry, the accused persons fled from the spot after threatening to strip her naked and defame her in case she encountered them again. It is also alleged that while fleeing, they snatched her golden chain.

3. The FIR came to be registered pursuant to directions issued by the Court of District Mobile Magistrate, Poonch under Section 156(3) Cr.P.C. During the course of investigation, the Investigating Agency found offences under Sections 354, 323 IPC to be made out. However, offence under Section 382 IPC was found not substantiated and was dropped. Instead, offence under Section 452 IPC was added in view of the finding that the accused had committed house-trespass after preparation for assault.

4. The petitioners contend that they have been falsely implicated in the present case as a counterblast to a forgery case registered against the husband of the complainant at the instance of petitioner No.1. It is argued that the FIR is malicious and an abuse of process of law.

5. This Court has considered the submissions advanced and perused the material available on record. The complainant has reiterated the allegations in her statement recorded under Section 164 Cr.P.C. before the learned Judicial Magistrate. The investigation conducted does not appear to be biased or tainted, particularly in view of the fact that Section 382 IPC was dropped upon finding no supporting material.The Investigating Agency has applied its mind to the facts and evidence collected during investigation.

6. At this stage, this Court, while exercising jurisdiction under Section482 Cr.P.C., is not required to embark upon appreciation of evidence or adjudicate upon disputed questions of fact. The allegations made in the FIR and supported by the statement under Section 164 Cr.P.C.prima facie disclose commission of cognizable offences.

7. In view of the above, this Court finds no merit in the present petition.The petition is accordingly dismissed. Interim directions, if any, shall stand vacated. Ordered accordingly.

CRM (M) No. 781/2021

1. Briefly stated, CRM (M) No. 781/2021 has been filed by the petitioner, Bashir Ahmed, seeking quashment of FIR No. 209/2021 dated 28.10.2021 registered at Police Station Mandi under Sections 419, 420, 467, 468, 471 and 109 IPC.As per the FIR, the respondent, Rashid Mehmood Lone, lodged a complaint alleging that the petitioner Bashir Ahmed had obtained employment in the Police Department as a Special Police Officer (SPO) under Belt No. 1038 and was posted at Police Line, Poonch, on the basis of a fake 8th class certificate. It is further alleged that on the strength of the said certificate, he was appointed as Constable. The complaint led to registration of the FIR upon verification from the Principal, Government Higher Secondary School, Mandi, regarding Certificate No. 691 dated 27.09.2012 purportedly issued in favour of Bashir Ahmed S/o Ghulam Mohd., R/o Azama bad, Tehsil Mandi, District Poonch.

2. According to the Investigating Officer, as reflected in the status report of FIR No. 209/2021, the certificate bearing Serial No. 448 dated 26.06.1998 showing that the petitioner had passed the 8th class examination appears to be forged. On that basis, the case was registered. It is, however, stated that the petitioner had passed the 9th class examination from Government Boys Higher Secondary School, Mandi. The invest