ANIL KUMAR Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-6-62
HIGH COURT OF UTTARAKHAND
Decided on June 10,2013

ANIL KUMAR Appellant
VERSUS
State of Uttarakhand And Ors. Respondents

JUDGEMENT

Alok Singh, J. - (1.) PRESENT petition is filed assailing the FIR No. 148 of 2012, Police Station R.O.P.D. SIDCUL, District Udham Singh Nagar under Sections 467, 468, 471, 420 IPC. An FIR No. 204 of 2012 was lodged against Jitendra Kumar and Shashi Kant for the offence punishable under Section 302/307 IPC, Police Station Rudrapur, District Udham Singh Nagar. Present petitioner being father of the accused Jitendra Kumar and Kapil Kumar took the plea to the effect that accused were juvenile, therefore, they could be dealt with in accordance with the Juvenile Justice (Care and Protection of Children Act, 2000). To prove the plea, present petitioner produced School Leaving Certificates before the Chief Judicial Magistrate, Udham Singh Nagar/Judge Juvenile Justice Board. On hearing and perusing the record of the School, School Leaving Certificates were found to be forged, manufactured and fictitious.
(2.) LEARNED Chief Judicial Magistrate, Udham Singh Nagar directed the criminal clerk attached with the court to register an FIR for the offence punishable under Sections 467, 468, 471, 420 IPC against the petitioner. Consequently, Criminal Clerk attached with Chief Judicial Magistrate got registered FIR in question. Mr. Harshpal Sekhon, learned counsel for the petitioner, submits that without a proper inquiry as required under Section 340 of the Code of Criminal Procedure, FIR in question ought not to have been registered; therefore, FIR in question is hit by Section 195 of the Code of Criminal Procedure. He has placed reliance on the judgment of the Apex Court in the case of Gopalakrishna Menon and another v. D. Raja Reddy and another reported in : 1983 (4) SCC 240.
(3.) I have carefully perused the judgment of Hon'ble Apex Court in the case of Gopalakrishna Menon and another v. D. Raja Reddy and another reported in : 1983 (4) SCC, 240 (Supra). In the case of Gopalakrishna Menon (Supra), plaintiff of the civil suit has filed the criminal complaint for the offence punishable under Sections 467, 468, 471, 420 IPC. Hon'ble Apex Court, in those circumstances, has held that it was not open to the parties to the civil suit to file complaint and complaint could only be filed by the court, hearing the civil suit. In the present case, FIR was got registered by the criminal clerk, on the instructions of the Magistrate concerned. Therefore, no fault can be attributed to the FIR nor present FIR can be held hit by Section 195 Cr.P.C. Having perused the FIR, I am satisfied that prima facie offences are made out from the contents of the FIR. If during the inquiry a trial court finds that party to the litigation has played fraud on the court or is guilty of perjury, court is competent to issue direction for the registration of criminal case. Therefore, present petition fails and is hereby dismissed.;


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