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PUNJAB & HARYANA HIGH COURT
T.H.B.Chalapathi, J.
Gurcharan Singh
Versus
State Of Punjab
Criminal Misc. Petition No. 5966-M of 2000,
Decided On : APRIL 7, 2000
FIR Quashing - Allegations of Forgery - Examination of Complaint under Section 482 of the Code of Criminal Procedure
Fact of the Case:
The petitioners were accused of producing a false affidavit and forged bank receipts and filing them in the Court of District Consumer Disputes Redressal Forum.
Finding of the Court:
The court held that at the stage of FIR, the allegations of forgery must be investigated by the police and cannot be quashed. The court cited the Supreme Court's decision that the complaint must be examined on the basis of the allegations without critical examination.
Issues: Allegations of forgery, exercise of powers under Section 482 of the Code of Criminal Procedure, and the authority of the High Court to examine the complaint at an early stage.
Ratio Decidendi: The court emphasized that the truth or correctness of the allegations made in the complaint should be determined by the Investigating Officer, and the High Court at the early stage has no authority to go into the matter or examine its correctness.
Final Decision: The court did not find any ground to quash the FIR but directed the Senior Superintendent of Police to issue suitable instructions for early completion of the investigation within 3 months.
T.H.B.Chalapathi, J.
1. This is an application to quash the FIR No. 80 dated 8.12.1999 registered at P.S. Nangal, Distt. Ropar. The accusations against the petitioners are that they produced false affidavit dated 1.12.1997 said to have been sworn by the complainant and got two forged bank receipts dated 6.4.1998 and 11.4.1998 and filed the same in Court of District Consumer Disputes Redressal Forum Ropar.
2. These allegations are to be investigated by the police. At this stage, FIR cannot be quashed. When there are allegations of forgery, the same have to be investigated into by the Investigating Agency in accordance with the provisions of Code of Criminal Procedure.
3. It has been held by the Supreme Court in case of M/s. Medchl Chemicals & Pharma Pvt. Ltd. v. M/s. Biological E. Ltd. & Ors. J.T. 2000(2) SC 426: [2000(2) All India Criminal Law Reporter 119 (SC)] that :-
"To exercise powers under Section 482 of the Code, the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint and the High Court at that stage has no authority or jurisdiction to go into the matter or examine its correctness. Whatever appears on the face of the complaint shall be taken into consideration without any critical examination of the same. The allegations in the complaint will have to be accepted on the face of it and truth or falsity of which would not be gone into by the Court at the earliest stage."
4. It is, therefore, for the Investigating Officer to find out the truth or the correctness of the allegations made in the complaint. I do not therefore, find any ground to quash the FIR However, I direct the Senior Superintendent of Police, Ropar to issue suitable instructions for early completion of the investigation preferably within 3 months from the date of receipt of copy of this order and take such steps as are required under law depending upon the result of investigation.
Crl. Misc. is accordingly disposed of.
Orders accordingly.
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