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In the case of Mathias Vijay Toppo v. The State of Jharkhand, the Jharkhand High Court has directed the “Director General of Police (DGP), Ranchi to look into the matter and get an FIR register on the complaint made” regarding the allegations of tampering and forging of judicial records. The Coram for the case heard on 30th June 2020 was of Justice Ananda Sen.
The petitioner represented through Advocates R. Krishna and Amit Kumar Sinha has contented for a direction to lodge an FIR for forgery made in records of Scheduled Area Regulation (SAR) Court which he had dealt with while he was a SAR Officer in Ranchi. The petitioner dealt with the records of SAR cases and there is an allegation against him of disposing of matters illegally and a departmental inquiry was initiated. “The issued involved in the departmental inquiry is absolutely different, which has got nothing to do with the order which I am intending to pass”.
He further submits that the judicial records have been tampered and therefore needs an immediate lodging of FIR, but the state hasn’t allowed him to register the same. He also makes the reference of a “letter No.273/Ra dated 22.12.2017 written by Additional Collector, Ranchi” wherein the officer had visited SAR Court but found that 59 out of 68 records were not even recorded in the Trial Register.
The State is opposing to register an FIR. Such an attitude is not being understood by the court. “State cannot oppose registering of an FIR, where there is an allegation of interpolation in Judicial records ad there is an allegation of forgery.” The AAG in this case opposes the lodging of an FIR. The court has referred to the case of Ramesh Kumari v. State (NCT) Delhi and ors. (2006) 2 SCC 677 and said that the police cannot refuse to register an FIR. Therefore, directing the DGP, Ranchi to look into the matter and get an FIR registered on the complaint made by the petitioner.
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