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Sardar Satpal Singh v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 1901 of 2007 [2007] RD-AH 2896 (21 February 2007)


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Crl. Misc. Writ Petition No. 1901 of 2007

Hon'ble Sushil Harkauli, J.

Hon'ble G.P. Srivastva, J.

Supplementary affidavit filed today may be kept on record.

The allegation in the F.I.R., is that two letters dated 15.9.2006 and 19.1.2007 are forged. By these letters, certain vacant land of an old hostel of government college has been allowed to be used from time to time for vehicle parking on payment per use by the petitioner's Guest House. According to the F.I.R., the inference of forgery of these letters has been drawn only on the ground that despite search in the government office, the relevant file could not be found. To the same effect is a letter dated 5.2.2007 written by the Special Secretary saying that the file could not be found. Lodging an F.I.R., and arrest of a person is a serious matter. Merely because, a file is not traceable in a government office may not by itself be sufficient to warrant the inference of forgery, and such drastic action. It must also be ascertained whether the signatures on the disputed letters are of the person who purports to have signed the same or are forged.  No such exercise appears to have been undertaken before lodging of the F.I.R.

In the circumstances, we direct that  the petitioner will not be arrested in case crime No. 42 of 2007 under sections 420/467/468/471 I.P.C.,  P.S. Kotwali Nagar district Saharanpur, unless during investigation either it is found that such a file never existed in the government office, and it is not merely a case of misplaced file; or a comparison of the signatures has been got done in respect of each of the two disputed letters and also an effort has been made with regard to ascertaining the correct situation from the entries and correspondences between the government and other government departments like education departments, which is alleged to have given a no objection to such use of the land in question.

A.G.A., to file a counter affidavit within one month.

Dated: February 21, 2007



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