IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No.M-11848 of 2008
Date of decision: 8.12.2009.
Kashmir Singh ....Petitioner
Versus
State of Punjab and another ...Respondents
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CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: Mr. S.S.Sandhu, Advocate for the petitioner
Mr. Arshvinder Singh, Deputy Advocate General, Punjab
for respondent-State.
Mr. S.S.Rangi, Advocate and
Mr. Jagmohan Singh, Advocate for respondent no.2.
S. D. ANAND, J.
It is apparent from the FIR itself that only allegation qua
petitioner Kashmir Singh is that he persuaded the first informant to lodge
the impugned FIR.
Learned State Counsel and also learned counsel for
respondent no.2 were called upon to indicate what incriminating evidence,
if any, had been collected by the Investigating Agency to prove that it was
the petitioner who secured the alleged medical certification qua the mental
state of Zermal Singh. The query drew a blank. They had to concede that
it is only the statement of the complainant which, too, is not corroborated
by any further evidence. That self-serving statement of the complainant, in
the absence of any material whatsoever to support it, cannot form the
basis of continuance of the impugned prosecution against the petitioner.
The petition shall stand allowed. The impugned FIR No.189
dated 8.9.2007 under Sections 420, 467, 468, 120-B IPC registered at
Police Station, Fatehgarh Sahib qua the petitioner shall stand quashed.
December 08, 2009 (S. D. ANAND) Pka JUDGE