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| HC refuses to quash proceedings in fake currency notes | | | Et Report
Jammu, Dec 2 : Justice Janak Raj Kotwal of J&K High Court Jammu Wing today dismissed a petition filed by Amjad Hussain Shah resident of POK from whom fake Indian Currency Rs 10,500 was recovered while he was searched at Custom counter Chaka-Da-Bagh Poonch after he entered territory of J&K State on valid entry permit on March 5, 2012. According to the case, petitioner who is a resident of Pakistan Occupied Kashmir (POK) was allegedly found in possession of fake Indian Currency amounting to Rs 10,500, when he was searched at Custom Counter at Land Custom Station, Chakan-da-Bagh, Poonch after he entered the territory of the State of Jammu & Kashmir on a valid Entry Permit on 05.03.2012. Pursuant to this, offence under section 489-C RPC was registered with Police Station, Poonch as FIR No. 30/2012 and on 08.03.2012 police preferred charge sheet against the petitioner, which came to be committed to the Court of learned Sessions Judge, Poonch for trial.
After finding a prima facie case under Section 489-C RPC against the accused framed charge against the accused, who pleaded not guilty and trail, thus, commenced. On 28.03.2012, the prosecution moved an application seeking permission for examination of the fake currency from FSL, Jammu. It was contended in the said application that the Investigating Agency presented charge sheet against the accused within a short time keeping in view that he was a "Pak National", who had come to this State on LOC Entry Permit, which had to expire on 02.04.2012 so the fake currency recovered from him could not be got examined from an expert.
Prosecution, therefore, contended that permission to get the currency examined from FSL was necessary in the interest of justice and for just decision of the case. Petitioner opposed this application apparently, which is evident from the objections filed by him, taking it as an application under section 540 Cr.P.C. contending that whatever sought by the prosecution did not fall within the domain of section 540 Cr.P.C and would tantamount reinvestigation of the case and that "for reinvestigation prosecution has to withdraw the case and then to reinvestigate it and seeking quashment of the order passed by Trial Court. Justice Janak Raj Kotwal after hearing AAG Ravinder Sharma appearing for the state observed that it goes without saying that jurisdiction under Section 561-A Cr PC to quash an order passed by any criminal court can be invoked only when it is shown to the satisfaction of the High Court that the order is an abuse of the process of court or tends to cause miscarriage of justice or quashing is otherwise required to secure the ends of justice and dismissed the petition. JNF |
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