The importance of genuine entries in official documents and the lack of evidence for mala-fide intentions were central to the court's decision.

JUDGMENT :

Harnaresh Singh Gill, J.

1. The present petition under Section 482 Cr.P.C. seeks quashing of FIR No. 62 dated 27.05.2012 registered under Sections 420, 465, 467, 468, 471 at Police Station Valtoha, District Tarn Taran (Annexure P.1) and all consequential proceedings arising therefrom.

2. The aforesaid FIR had been got registered by respondent No.2-complainant with the allegations that the date of birth certificate, PAN Card and passport of the petitioner showing his date of birth as 24.06.1978 had been forged with a view to contest the election of the President, Youth Congress (I) in the year 2011 as the maximum age limit prescribed was 35 years; that the petitioner got issued an Arm Licence No. 251/PS/Valtoha by the Deputy Commissioner, Amritsar on 12.12.1996 and the same could have only been issued if the petitioner was of the age 21 years, wherein his age was recorded as 25.06.1975. It was, thus, alleged that the date of birth certificate dated 24.06.1975 is genuine whereas the date of birth certificate dated 24.06.1978 is a forged document.

3. After registration of the FIR, the police had conducted the investigation and found both the aforesaid certificates to have been issued by the authorities concerned against proper entries. It was found by the Investigating Officer that the certificate showing the date of birth as 24.06.1978 was having the surname of ‘Bhullar’ written on it and, thus, the same was, as per the Investigation Officer, forged one. It was further found that only person more than 21 years of age can be issued an Arm Licence; that the said licence having been issued in the year 1996, might have been issued on the basis of the certificate showing the date of birth as 24.06.1975.

4. Learned counsel appearing for the petitioner argues that the aforesaid FIR had been registered by the complainant against the petitioner with a view to avenge upon him as the complainant had been disgruntled at not getting the assembly ticket from Valtoha in 2012, which was given to the petitioner’s father and that complainant-respondent No.2 himself being overage was not eligible to contest the Youth Election. While terming the investigation conducted by the Police as bias and unfair, it is submitted that during the course of investigation, the petitioner had produced matriculation certificate, which records the date of the petitioner as 24.06.1978. It is further submitted that such date of birth of the petitioner has been recorded in matriculation, Class-XII, degree of Bachelor of Laws issued by Panjab University and the passport of the petitioner.

5. It is further submitted that once the police during investigation had found the certificate showing date of birth as 24.06.1978 having been issued by the authorities concerned against a genuine and property entry, there was no occasion for the police to register the FIR. It is further submitted that the date of birth of the petitioner as 24.06.1978 had been got registered by the parents of the petitioner in the year 1979 and all the certificates i.e. Pan Card, Driving Licence, Passport etc., had been issued recording the date of birth of the petitioner as 24.06.1978.

6. While coming to another certificate showing the date of birth as 24.06.1975, it is submitted that the said certificate is genuine one; that the said certificate was issued in respect of the earlier issue born to the parents of the petitioner, who died within three months of his birth and that it was a sheer coincidence that date and month in the said certificate are same as are in the certificate indicating the date of birth as 24.06.1978. It is further submitted that though the petitioner had submitted all the said details to the investigating agency, but the Investigating Officer did not bother to probe the said aspect of the matter.

7. It is further submitted that no prudent person would come to a conclusion that the petitioner would commit the offence of forging his date of birth presuming therein that in the