SUKHBIR SINGH Vs. STATE

JUDGEMENT

(1.) A complaint under Section 200 of the Code of Criminal Procedure, 1973 dated 30.08.2005 under Sections 415/416/419/420/463/464/466/468/469/471/506/120B/34 of IPC was filed by Smt. Chander Mukhi, respondent no.2 herein, arraying 29 persons as accused. The complainant claims to be an illiterate villager, a senior citizen and a resident of Village Saboli, Distrct: Sonepat, Haryana, but was residing with her husband and other family members at 11-A, Savitri Nagar, New Delhi -110017. The complainant claimed that she had purchased land measuring approximately 554 square yards which was part of Khasra no.73, situated with the revenue estate of village Neb Sarai, Tehsil Mehrauli, New Delhi on 26.08.1988 from Sh. Jaipal Singh on Power of Attorney basis where the usual documents of Agreement to Sell, GPA, Affidavit, Cash Receipts and Will were executed in favour of the complainant and subsequently peaceful vacant possession was also handed over to the complainant. Sh.Jaipal Singh had represented to the complainant that he had purchased the land measuring 4340 square yards from Sh.Harnand, one of the bhoomidars, on 03.07.1987 for valuable consideration and the land which was sold to the complainant was a part of the said land which was free from all disputes and encumbrances. Sh. Jaipal Singh further revealed to the petitioner that he along with three other persons had purchased land measuring 21,700 square yards out of the total five acres of land owned by five bhoomidars who were sons of Sh. Prabhati on 03.07.1988 in pursuance to similar documents of sell on Power of Attorney basis. One of the said five bhoomidars is Ram Karan. After purchasing the said land, the four purchasers including Sh. Jaipal Singh sold the said land to 46 different persons by once again executing similar documents in the name of these 46 persons and subsequently the names of the said 46 persons were duly recorded in the revenue records of Tehsil Mehrauli as bona fide persons in possession of their respective plots in the year 1988-89 itself. The aforesaid plot holders and the complainant erected boundary walls around their respective plots and the 46 purchasers formed a Cooperative Society under the name and style of Harivansh Vihar Plot Holders Association for proper development of the plots.

(2.) In the month of July, 1994, the original bhoomidars including Sh.Harnand accompanied by gunda elements are alleged to have gone to the said five acres of land and started demolishing the boundary walls, dwellings etc. with the intention of grabbing the land which they had already sold long back. FIR No. 213/1994 was thus registered with PS Mehrauli, New Delhi. Another FIR No.31/2000 dated 21.06.1999 under Sections 323/341/34 of IPC was also registered at PS Mehrauli. The said Ram Karan has been impleaded as accused No.15 in the complaint while his sons Sukhbir Singh, the petitioner in the present case, Vikram and Rajinder Singh have been impleaded as accused Nos.16 to 18. Complainant claims that the original bhoomidars on the strength and influence of accused No.18 Sh. Rajinder Singh, who is a police officer in the police station Neb Sarai, intended to grab the land of five acres as they had become greedy on account of increase in the market value of the land. In para 8 of the complaint, it is alleged that the complainant had come to know that the said original bhoomidars along with their legal heirs i.e. accused Nos.5 to 21 and accused nos.1 to 3 had connived and conspired with Sh. Raghuvinder Singh, accused no.4, under the instructions and guidance of the mastermind Sh. Rajinder Singh, accused no.18, to achieve their ulterior motives and entered into an agreement/memorandum of understanding dated 19.10.2004 with the said Sh. Raghuvinder Singh, for the sale of the said five acres of land for Rs.7 crore out of which Rs.1.25 core had already been paid to accused Nos.1 to 3 and accused Nos.5 to 21. Sh. Rajinder Singh was said to have stood witness in the earlier sale transaction of the aforesaid land by the original bhoomidars in favour of one Sh.Ahmed Sultan Chawla which was later cancelled by the original bhoomidars again on the strength of the same Sh.Rajinder Singh. Sh. Ahmed Sultan Chawla had also filed a civil suit against the original bhoomidars impleading the successors as owners numbering about 50 persons but the suit was subsequently compromised. The allegation is that Sh.Raghuvinder Singh is a notorious land grabber against whom a number of FIRs have been registered. The complainant had also come to know that an FIR No.110/2005 under Sections 415/418/419/420/448/506/511 of IPC had been got registered by a company M/s Supreme Infrastructure (India) Pvt. Ltd which had purchased most of the land from the respective sellers. The complainant claimed that she was receiving threatening calls from unknown persons to the effect that the property of Neb Sarai, New Delhi had been purchased by Raghuvinder Signh and on a visit to the plot it was found that some undesirable elements were roaming there. A police complaint was lodged on 11.05.2005 with the SHO Mehrauli and subsequent complaints were also lodged. These facts set out in the complaint have been extracted to appreciate the conspectus of the dispute.

(3.) The learned MM passed an order dated 16.12.2005 under Section 156(3) of the said Code directing the SHO to investigate the case and to register the FIR. FIR No.24/2006 was thus registered. There are allegations that the IO has been able to verify that the signatures of Harnand could not be verified due to insufficiency of admitted signatures which in turn could have authenticated the execution of the documents executed by Sh.Harnand in favour of Sh.Jaipal Singh, who in turn sold the land to respondent no.2. It is alleged by the petitioner that one Sh. Chaman Lal, Advocate had attested the documents of transaction to different purchasers and he had in fact denied the same.