Amitava Chakrabati v. Ut Of Chandigarh & ORS

CRM-M-40114 of 2014 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-40114 of 2014 Amitava Chakrabati ......Petitioner

Versus

UT, Chandigarh and Ors.

.....Respondents Date of decision: 17.07.2019 CORAM: HON'BLE MR. JUSTICE RAJIV SHARMA HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. M.L. Saggar, Sr. Advocate with Ms. Armaan Saggar, Advocate for the petitioner. Mr. A.K Goyal, APP for UT, Chandigarh.

Mr. R.S. Ghuman, Advocate for respondent No.5. RAJIV SHARMA,J Prayer is for quashing FIR No.210 dated 29.5.2013 under Sections 406,408 IPC, P.S Sector 11, Chandigarh. The FIR was lodged against the petitioner on 29.5.2013 at the instance of respondent No.6-Dr. Nusrat Shafiq. During the pendency of this petition, a status report by way of affidavit of Sub-Inspector Eram Rizvi, Police Post, PGI was filed on behalf of respondent Nos.1 to 4. According to the averments contained in the affidavit, the specimen of handwriting/signatures of the petitioner were taken after getting permission from the Judicial Magistrate, Ist Class, Chandigarh. These specimen signatures of the petitioner were deposited with the Director Central Forensic Science Laboratory, Shimla, on 04.06.2014. The final result was received with the opinion/report of C.F.S.L Railway Board Building, MANOJ KUMAR 2019.07.17 16:29 I attest to the accuracy and integrity of this document

CRM-M-40114 of 2014 #2# Shimla on 28.1.2015, which read as under:

"That initials in the Red enclosed portion stamped and marked Q1+Q2 do not agree in model and design with the initial & signatures in the Blue enclosed portion similarly stamped and marked S1 to S13, A1, A2/1 to A2/193, A3, A3/1 and A4 to A7."

Thus, as per the aforesaid report, the alleged signatures on the delivery sheet of the company did not match with the specimen signatures received during investigation. Thereafter, a request was sent to Senior Officer on 11.2.2015 to submit an untraced report in the concerned court. It is averred in the affidavit that the untraced report could not be presented in view of order dated 20.3.2015 passed by this Court vide which filing of challan/report was stayed.

However, the fact of the matter is that as per the report received from C.F.S.L Railway Board Building, Shimla, only untraced report is required to be presented.

In the light of facts enumerated hereinabove especially in view of report dated 28.1.2015, present petition is allowed and FIR No.210 dated 29.5.2013 under Sections 406,408 IPC, P.S Sector 11, Chandigarh is quashed.

(RAJIV SHARMA) JUDGE (HARINDER SINGH SIDHU) JUDGE July 17, 2019 manoj Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2019.07.17 16:29 I attest to the accuracy and integrity of this document