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6. Heard and considered the rival contentions. Perusal of FIR reveals that it has been lodged on direction of JMIC (Forest Magistrate) Jammu in terms of section 156(3) Cr.P.C. The allegation against the petitioners herein is that they are basically from Pakistan; their grandfather Jaggat Singh migrated from Pakistan in 1947 to India and settled in Punjab; even Punjab Govt. allotted him the land in village Bela Tajowal, Gurdaspur; after death of Jaggat Ram, father of petitioners namely Lakhan Singh sold the land and came to Jammu; where he and petitioners and some others family members managed PRC certificates fraudulently; Lakhan Singh also got appointment in PDD. During investigation it was found that petitioners with the connivance of Additional DC B.A. Runyal and Tehsidar Prem Bhushan Gupta managed forged documents and on the basis of said documents procured the PRCs for themselves and others family members who were minor at that time.

7. Accordingly FIR no. 11/2013 u/s 420, 465, 467, 468, 471, 120-B R.P.C. read with Section 5/2 of the P.C. Act was registered and investigation commenced.

CRMC No.140/2013 Page 4 of 9

8. First argument of counsel for petitioners is that as per the mandate of Section 7 of the Grant of Permanent Resident Certificate (Procedure) Act, if any person for the purpose of procuring anything under this act i.e., Grant of Permanent Resident Certificate (Procedure) Act makes any representation which is false in material particulars, the said person shall be punished with the imprisonment of six months or with fine or with both, so FIR is liable to be quashed. I am not in agreement with this argument, because making of false representation and forgery of documents are quite different offences. Petitioners have been allegedly found involved in making of false documents in order to procure PRCs.