Serial No. 12 Reg Cause List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 604/2023 CrlM(1388/2023) CrlM(1662/2023). IMTIYAZ AHMAD WANI(SENIOR CITIZEN). …Petitioner (s) Through: Mr. Sheikh Mushtaq, Advocate. VERSUS UNION TERRITORY THROUGH POLICE STATION BIJBEHARA. Through: Mr. Illyas Nazir Laway, GA. …Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE. ORDER 16-12-2025 01. The petitioner, through the medium of the present petition, has challenged the order dated 16th of October 2023, passed by the learned Principal Sessions Judge, Anantnag, whereby Revision petition filed by the respondent against order dated 29.03.2021 passed by the learned Judicial Magistrate 1st Class, Bijbehara, has been accepted and the order whereby the petitioner has been discharged in a case arising out of FIR No. 66 of 2017, registered with Police Station Bijbehara for commission of offences under Sections 420, 468 and 471 of the Ranbir Penal Code, (RPC) has been set aside. 02. It appears that a complaint came to be filed by the inhabitants of Village Budgam through Imtiaz Ahmed Ganai and Mushtaq Ahmed Ganai before the Director General of Police, alleging therein that the petitioner, who is serving in the Wildlife Department, had obtained employment on the basis of forged certificates and that his service record is also fabricated. On the basis of the said allegations, a request was made for immediate investigation of the matter. 03. The aforesaid complaint was forwarded through proper channel to the SHO, Police Station Bijbehara, who registered the aforesaid FIR. During the course of investigation, it was found that an entry existed in the service record of the petitioner relating to his matriculation certificate issued by the Jammu and Kashmir State Board of School Education in his favour and the said certificate was found to be fake. Accordingly, offences under Sections 420, 468 and 471 of the Ranbir Penal Code (RPC) were established against the petitioner, and the charge-sheet was laid before the learned Judicial Magistrate, 1st Class, Bijbehara (hereinafter referred to as “the trial Magistrate”). 04. After hearing the parties on the question of charge/dis-charge, the trial Magistrate came to the conclusion that there is no material on record, in the charge-sheet, to connect the accused with the commission of the alleged offences. The learned trial Magistrate has observed that the petitioner had not derived any monetary benefit or promotional benefit, on the basis of the alleged fake matriculation certificate. It was further observed that there is no evidence in the charge-sheet which would suggest that the accused had committed any of the offences for which he had been booked. Accordingly, the petitioner was discharged by the trial Magistrate. 05. The aforesaid order of discharge came to be challenged by way of a Revision petition before the learned Principal Sessions Judge, Anantnag, who, vide order dated 16th of October 2023, allowed the Revision petition and directed the learned trial Magistrate to issue appropriate directions to the investigating agency to conduct further investigation of the case. 06. I have heard learned counsel for the parties and perused the record of the case. 07. It is true that on the basis of the alleged fake matriculation certificate, the petitioner has not obtained any monetary benefit, promotion, or increment(s). However, in the complaint made by the inhabitants of the village Budgam, it was specifically alleged by them that the petitioner has used forged certificates in his service record. 08. As per the investigation conducted by the Investigating Agency, the petitioner was appointed as a Wildlife Guard not on the basis of matriculation certificate but on the strength of middle-pass certificate. Though, the petitioner has not gained his employment or any promotion on the basis of the matriculation certificate, but nonetheless, he has been appointed on the basis of middle-pass certificate. The complainants had alleged that the petitioner has gained his employment on the basis of forged certificates. It was incumbent upon the Investigating Agency to verify the genuineness and authenticity of the eighth- pass certificate, on the basis of which the petitioner had entered into service. This aspect of the matter has not been investigated by the Investigating Agency at any stage. It is for this reason that the learned Principal Sessions Judge, Anantnag, has set aside the order passed by the learned trial Magistrate and directed further investigation in the case. 09. In view of what has been stated hereinabove, I do not find any ground to interfere with the impugned order passed by the learned Principal Sessions Judge, Anantnag. Accordingly, it is directed that the Investigating Agency shall undertake further investigation of the case with respect to the genuineness and authenticity of the certificate on the basis of which the petitioner entered into service. It shall be open to the petitioner to place material before the Investigating Agency to establish the authenticity of the certificate on the basis of which he gained his employment as Wildlife Guard in the Wildlife Department. The further investigation of the case, shall be conducted by the Investigating Agency most expeditiously, preferably within a period of two months from the date a copy of this order is made available to them. 10. Disposed of. (Sanjay Dhar) Judge SRINAGAR 16-12-2025 Showkat Khan