Punjab-Haryana High Court
Surinder Singh vs State Of Haryana on 23 September, 2011
Author: Rajesh Bindal
Bench: Rajesh Bindal
Criminal Misc.-M No. 28325 of 2011 [ 1]
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc.-M No. 28325 of 2011 (O&M)
Date of decision: 23.9.2011
Surinder Singh
.. Petitioner
Vs.
State of Haryana .. Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. S. K. Sud, Advocate for the petitioner.
Mr. H. S. Lalli, Addl. Advocate General, Haryana.
..
Rajesh Bindal J.
The petitioner has been arrayed as an accused in FIR No. 444 dated 7.9.2011, under Sections 466, 468, 471, 420/120-B IPC, Police Station, Yamuna Nagar City, got registered by the Executive Officer, Municipal Corporation, Yamuna Nagar with the allegations that the petitioner had changed the date of appointment of one Mansa Ram from 1.2.1969 to 16.9.1962, who was working as Safai Karamchari.
Learned counsel for the petitioner submitted that the petitioner does not deny that the entry was made by him in the record, however, the same was on the basis of a seniority list circulated in the office vide memo dated 24.10.1977, where the date of appointment of Mansa Ram was mentioned as 16.9.1962.
On the other hand, learned counsel for the State submitted that on a notice having been issued to the petitioner to explain his conduct, he admitted that the entry had been made by him.
After hearing learned counsel for the parties and finding that there is prima facie explanation for mentioning the date of appointment of Mansa Ram as 16.9.1962 on the basis of seniority list circulated in the office vide memo dated 24.10.1977, in my opinion, the petitioner is not Criminal Misc.-M No. 28325 of 2011 [ 2] required to be taken into custody for interrogation. He shall appear before the Investigating Officer on 3.10.2011 at 10.00 AM for joining investigation. In case of arrest, the petitioner shall be released on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer. He shall appear before the Investigating Officer as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C.
The petition stands disposed of.
(Rajesh Bindal) Judge 23.9.2011 mk