MAHESH GUPTA Vs. SRIKRISHAN GUPTA

JUDGEMENT

(1.) This Criminal Revision Petition has been filed before this court for setting aside the impugned order dated 16.5.2003 passed by the trial court and also for cancellation of Bail granted to the respondent no.1 in FIR 380/2001

(2.) The brief facts necessary to decide this petition are; The mother of the petitioner was the owner of the land measuring 1 kanal 6 Marlas out of Khasra no. 34/14/21 and 34/15/3 in kila no.2 situated at Lehrada village, Tehsil, Sonepat district Haryana. The said land came into succession of legal heirs after the demise of the lady. As per the relinquishment deed dated 2.2.1980 the other legal heirs/accused relinquished their respective shares in the said property in favour of the Petitioner and accused Jai Narain.

(3.) The Petitioner alleges that the accused conspired with each other and sold the said property vide General Power of Attorney(herein after referred to as G.P.A) dated 19.8.96. The signature of the petitioner was forged in the said GPA; the photograph of the Petitioner affixed to it is alleged to be two decades old. The Petitioner has stated in the petition that he did not lodge a FIR regarding the fraud committed upon him but filed a Petition under section 482 Cr.P.C before the Punjab and Haryana High Court. The court directed that the matter be referred to the jurisdictional police station. Thereafter, FIR no.380/01 was lodged against the 5 accused including Respondent no.1.