Shimla: The Himachal Pradesh High Court has hauled up a judicial magistrate for refusing police custody and granting bail to an accused in a case of fraud, where the FIR itself had been registered on orders of the higher court.
A division bench consisting of Chief Justice Kurian Joseph and Justice VK Ahuja have asked Vivek Sharma, Judicial Magistrate Ist Class, Dalhousie, to submit a report about refusing to grant police custody to accused Tilak Raj, in a case attracting 420, 466, 467, 468 and 471 section of Indian Penal Code and enlarging him on bail on the same day.
The bench has also called for the case record immediately, to be taken up by the court administration.
A case of tempering with public record was registered against Tilak Raj on orders of the High Court, on basis of which the accused was arrested on 3rd March, 2011 but when produced before the judicial magistrate at Dalhousie on the next day, he was granted bail.
In a matter related to appointment of panchayat secretary, a sub-divisional collector at Bhattiyat in Chamba had rejected the appointment of Tilak Raj as bad stating in his order that it was one Surinder Singh who actually had been recommended for the post.
Tilak Raj had appealed the SDC orders but his application was dismissed by Justice Surjit Singhâ€™s court.
In his dismissal order the presiding judicial official had held that the register of the panchayat containing resolutions was tempered with and two sheets were inserted in it by removing the original sheets supposed to contain resolution regarding the appointment to the Panchayat.
Taking a serious view about tempering with public record by an elected body performing both administrative and quasi judicial functions the court SP Chamba to look into the matter and submit a detailed report after enquiry.
Tilak Raj filed an appeal against the lower courts order in the High Court which was rejected and the court asked for registering an FIR against the accused.