PAVINDER AHLUWALIA Vs. STATE AND ANOTHER

JUDGEMENT

(1.) Pavinder Ahluwalia, the petitioner S/o late Brig. Ajit Singh Ahluwalia and Smt. Charanjeet Ahluwalia on 2nd January, 1998 lodged FIR No.10/1998 at PS Defence Colony for offences punishable under Sections 420/467/468/471/120B IPC. After investigation, a charge sheet was filed whereafter on hearing the accused and the State vide the order dated 23rd April, 2004 learned Metropolitan Magistrate discharged all the seven accused i.e. Ashok Bhaduria, Prashant Bhaduria, R.C. Goel, Nand Kishore Bindra, R.L. Kapoor, Lt. Col. (Retd.) T.M. Singh and Shyam Sunder Singh, advocate. A revision petition was preferred by the State challenging the order dated 23rd April, 2004 before learned Additional Sessions Judge being Criminal Revision No.31/2004 which was allowed by the learned Additional Sessions Judge vide order dated 22nd April, 2006 remanding the matter back to the learned Trial Court for framing of charge and proceeding with the trial. Order dated 22nd April, 2006 passed by the learned Additional Sessions Judge was challenged by the private respondents before this Court in Crl.M.C. Nos.3189-95/2006. Since no stay was granted by this Court, in the meantime, learned Trial Court framed charge against the private respondents. The order framing charge was also challenged before this Court by filing Crl.Rev. Petition Nos.59/2007 and 107/2007. This Court set aside the order dated 22nd April, 2006 passed by the learned Additional Sessions Judge and consequential order dated 9th October, 2006 passed by the learned Metropolitan Magistrate framing charge against the private respondents. Crl.Rev.P. 31/2004 was restored before the learned Additional Sessions Judge for consideration on merits after taking into consideration all the contentions raised by the parties and pass a fresh order in accordance with law, which was dismissed vide the impugned order dated 28th April, 2011. Hence the present petition.

(2.) In the FIR, the petitioner alleged that property No.D-4, Defence Colony (in short 'the property') was part of HUF property of Brig. Ajit Singh Ahluwalia as the karta. On 1st January, 1985 the property was partitioned vide a deed and pursuant thereto the annexe block consisting of ground floor came to the share of the petitioner and first and second floor of the main block went to the share of his father. Ground floor of the main block came to the share of his mother Smt. Charanjeet Ahluwalia. Brig. Ahluwalia passed away on 25th July, 1987 after being admitted in the Army Hospital for treatment. It is thus alleged that the Will dated 19th July, 1987 purportedly executed by Brig. Ahluwalia on the basis of which Smt. Charanjeet Ahluwalia claimed ownership of the property was a forged document having been executed, six days prior to the death of the Executor when he was admitted in ICU. Since Smt. Charanjeet Ahluwalia was intending to sell the main house, the petitioner and his sister filed a civil suit for permanent injunction being Suit No.192/1995 in the Court of Civil Judge, Tis Hazari Courts wherein an exparte injunction was granted on 21st August, 1995. After coming to know about the said order dated 21st August, 1995, the respondents purchased stamp papers on 1st September, 1995 and executed ante dated agreements to sell dated 14th August, 1995 to avoid the effect of the said order. Purported to act on the Will dated 19th July, 1987, Smt. Charanjeet Ahluwalia executed three Wills in the office of Sub-Registrar and later on it was revealed that the signatures on the Wills dated 5th October, 1995 did not match with the specimen signatures of Smt. Charanjeet Ahluwalia as per the FSL report. Thus, Smt. Charanjeet Ahluwalia passed away without executing any Will and therefore the respondents committed the offences as alleged above.

(3.) Before this Court reiterating his contentions the petitioner who appears in person states that during the course of investigation, it has been found out that the Wills and GPAs were all forged. The signatures of his mother late Smt. Charanjeet Ahluwalia did not match with the specimen signatures collected from the bank. Further the Notary Public has stated that the stamp papers were issued by him only on 1st September, 1995 thus agreement to sell could not have been executed on 14th August, 1995 and ante dated documents were prepared to escape the stay order dated 21st August, 1995. Further signatures of Smt. Charanjeet Ahluwalia on the three Wills dated 5th October, 1995 have been found to be forged and fabricated as per FSL opinion. The father of the petitioner being seriously ill at the time of execution of the alleged Will dated 19th July, 1987 the purported Will in favour of Smt. Charanjeet Ahluwalia was a fabricated document. Not being absolute owner of the property Smt. Charanjeet Ahluwalia could not have entered into agreement to sell dated 14th August, 1995 and three Wills dated 5th October, 1995. Further the reliance of the private respondents on the application under Order IX Rule 7 CPC purportedly filed by Smt. Charanjeet Ahluwalia is misconceived as she did not appear before the Court and the signatures on the application under Order IX Rule 7 CPC and written statement have not matched with the admitted signatures. Thus, no case for discharge of the private respondents for the offences alleged was made out.