Forgery case probe: Panchkula Police seek more time , HC says 'shocking'
Saurabh Malik
Chandigarh, November 12
Nearly five months after a case revolving around the forging of NOCs for sale deed in Panchkula urban area was registered, the Punjab and Haryana High Court has asserted it was shocking to see that the investigating agency was still seeking an opportunity to take the investigation to its logical conclusion.
Investigation not completed in 90 days
This court cannot lose sight of the fact that the FIR was registered on June 23 and the investigation ought to have been completed within 90 days for filing the final report under Section 173 of the CrPC, if prima facie the offences alleged in the FIR were found to be made out… — Justice Sandeep Moudgil
The assertion came as Justice Sandeep Moudgil of the High Court observed Panchkula Commissioner of Police Sandeep Khirwar, present in the court, was “apologetic” for not making any headway in the investigation and assured the court to nab the culprit. He also told the court that the police would positively move ahead and take the investigation to its logical conclusion in case an opportunity was granted.
Taking a note of the submission, Justice Moudgil asserted the court was leaving the matter to the investigating agency after considering the assurance given by the officer and the responsibility bestowed on it, but with a direction that the commissioner would file an affidavit on stage-wise proceedings carried out by the special investigating team.
Justice Moudgil also cancelled the interim anticipatory bail granted to the petitioner-accused after observing that a perusal of the material produced before the court by the commissioner prima facie showed that he was intentionally and deliberately not assisting the investigation and was making a serious attempt to mislead the direction of the probe.
Justice Moudgil added the petitioner, under the garb of interim protection, was misusing the relief, which amounted to the abuse of the process of law. He could not be allowed to take the investigating agency for a ride. The interim relief granted by the court, too, could not be allowed to be misused, in any manner.
An FIR in the matter was registered at the Sector 7 police station in Panchkula on June 23 for cheating, forgery and other offences under Sections 420, 467, 468, 471 and 120-B of the IPC and Section 66(C) of the Information Technology Act.
Justice Moudgil observed the FIR’s perusal showed 19 NOCs were found to be forged after an inquiry was conducted by the District Town Planner (DTP). These were issued and approved by forging/scanning the DTP’s signatures, without examination of the documents by the Patwari, Junior Engineer or the town planner himself. It was also averred in the FIR that the DTP’s official email ID was fraudulently used by the petitioner in connivance with a data entry operator.
“This court cannot lose sight of the fact that the FIR was registered on June 23 and the investigation ought to have been completed within 90 days for filing the final report under Section 173 of the CrPC, if prima facie the offences alleged in the FIR were found to be made out against the petitioner,” Justice Moudgil added.
