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| Court discharges two accused in document forgery case | | | Early Times Reporter
Jammu | Mar 6
Principal Sessions Judge Jammu Mr. JR Kotwal discharged two accused out of four namely Rajinder Kumar, Satish Kumar residents of Rajasthan at the stage of faming charges in a much publicized admission in the B.Ed Course on alleged forged documents.
In the significant order of discharging the accused Principal Sessions Judge JR Kotwal after hearing Public Prosecutor appearing for the state and Advocates Gurcharan Singh and Vijay Gupta appearing for accused persons and proceedings u/s 512 CrPC against other two accused observed that in the FSL report there is nothing in the material on the record of the case in support of the allegations that attestation on any of the documents recovered from accused persons was forged. There is not an iota of material in support of the allegation that the seal bearing the impression "chikitsa adhikari samanya chikitsalya, alwar" recovered from accused Satish is or that used for attestation of the documents was a counterfeit seal. The charge against both the accused is thus based on conjecture and misconception of the various police officers connected with the investigations of the case and launching of the prosecution against the accused. The material on record hopelessly fails to prove a reasonable ground to presume that both the accused committed the offence of cheating or forgery they have been charged with by the prosecution. There is no prima-facie case against them and they are discharged.
Principal Sessions Judge Mr. JR Kotwal further observed that before closing the matter court cannot resist observing that the Investigating Agency has done a little and left much to be desired. The recovery of the documents from both the accused apparently did not have much fascination in it. The investigating agency, however, after arresting the accused persons with a big bang in July 2003 adopted lackadaisical approached for over 3 years till Sub Inspector Basanti Bhat then Officer Incharge PP Nehru Market recorded her mis-founded view and SHO P/S Gandhi Nagar preferred charge-sheet before the court against all the accused. It is important to note that immediate arrest of both the accused and seizing their application forms and documents was depriving them of submitting their application for the B.Ed course of University Jammu for which they had traveled from Rajasthan to Jammu.
Principal Sessions Judge Jammu took serious note of the action of the investigating agency and said that the investigating agency, therefore, must have shown seriousness in its approach in the matter and returned a well-reasoned finding at an earliest; Court is unable to record a plausible comment about assertion made by the accused persons during the course of arguments that the action of J&K Police caused a serious dent and irreparable to their carrier.
Court took serious note of the action taken by the investigating agency and said, Court believe the authorities as they may be would look into the matter even at this stage to see as to whether the action of the Investigating Agency reflected an image of sobriety of the police of Jammu & Kashmir to the persons hailing from outside the state and directed the public prosecutor that he must send a copy of this order to the concerned quarter. With these observations court discharged the accused persons and directed that both of them deposited cash security in lieu of their bail bond which be returned to them after expiry of 60 days. For other two accused. JNF |
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