Jammu, Nov 7: A court in Jammu has dismissed an application seeking registration of an FIR against Board of Control for Cricket in India (BCCI) President Mithun Manhas over allegations of fraud, cheating and forgery concerning his date of birth.
The application was filed by Sudarshan Mehta, a retired Senior Deputy Superintendent of Police and former Joint Honorary Secretary of the Jammu and Kashmir Cricket Association, under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Mehta had alleged that Manhas used different dates of birth to gain an unfair advantage while participating in national-level junior cricket tournaments. According to the complaint, records obtained from Maharaja Hari Singh Agriculture Collegiate (MHAC) School, Nagbani, Jammu, mentioned his date of birth as December 9, 1977, while the Delhi and District Cricket Association (DDCA) website reportedly listed it as October 12, 1979.
The complainant sought registration of a case under relevant provisions of the IPC and their corresponding sections under the Bharatiya Nyaya Sanhita (BNS), alleging that the discrepancy had been deliberately used to secure eligibility for sub-junior and junior-level competitions.
Following directions from the court, the Station House Officer of Police Station Nowabad conducted an inquiry and submitted a report stating that the allegations of forgery and fabrication could not be substantiated.
The inquiry report noted that records obtained from ONGC, where Manhas is employed, mentioned his date of birth as September 12, 1977. The same date was also reflected in his PAN card, Aadhaar card and educational documents.
The police further reported that no evidence of document manipulation or fabrication had emerged during the inquiry. It also found no indication that Manhas had secured any undue advantage in junior-level cricket on account of the alleged discrepancy.
After examining the complaint and the police report, Sub-Judge and Special Railway Magistrate Sandeep Singh Sen observed that the power to order registration of an FIR under Section 175(3) of the BNSS was judicial in nature and could not be exercised mechanically.
The court held that discrepancies between two records, by themselves, were insufficient to establish forgery or fabrication. It observed that there must be evidence of a false document having been created with dishonest or fraudulent intent.
The court also pointed out that the complainant had failed to produce any original or duly authenticated document from the DDCA establishing that Manhas had personally submitted a fabricated birth certificate or made a false declaration. It said a photocopy of information displayed on the association's website could not independently establish forgery.
Further, the court observed that the CBSE educational certificate and marksheet, supported by ONGC and identity records, reflected September 12, 1977, as the date of birth.
Finding no prima facie material to establish the commission of a cognizable offence, the court dismissed the application seeking registration of an FIR.
However, it left the complainant at liberty to approach the DDCA with relevant information for verification, observing that the association was the appropriate authority to examine its own records and take any action warranted under the rules.
