It has been argued that if a reference is made to Annexures 7 and 6, it would be evident that no offence of forgery or commission of offence, as alleged, is established. Gram Sabha passed a resolution for giving land to Backward Class people or the landless people.
Yashoda Devi, wife of complainant, figures at Serial No.22 in Annexure-7 (running page 31 of the paper-book. On the basis of the said resolution, a certificate (Annexure-6) was issued, which is stated to be forged. Learned counsel contends that such documents were forwarded to the Sub Divisional Magistrate for approval. Approval to the case of the complainant was not given. Aggrieved by the same, F.I.R. has been lodged. It has been pointed out that similar other allegations were also made against the accused, which were enquired into by the District Magistrate. The accused, however, were exonerated.
Let a counter affidavit be filed by the investigating officer, particularly in regard to what has been noted above. It would be clearly shown as to under what circumstances, it has been concluded by the investigating agency that the document (Annexure 6) is forged.
Issue notice, returnable on 23.7.2012.
List on 23.7.2012.
Considering the old age of the applicant, it is directed that the applicant may apply for bail within a period of ten days from today. For the said ten days, the applicant shall not be taken into custody.
If the application is filed, the same shall be disposed of by the bail court within five working days.
Order Date :- 16.5.2012 A.Nigam