HARBANS SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Second respondent-Jaswinder Pal Singh sent a complaint to the Senior Superintendent of Police, Ludhiana on the basis of which F.I.R. No. 28 dated 23.1.1997 under Sections 448, 453, 420, 468 and 471 I.P.C. has been registered at Police Station Division 5, Ludhiana, on the directions of this Court, wherein the following material allegations are found :-

(2.) Plots 156 and 157 were allotted to Gurbax Kaur by the Improvement Trust, Ludhiana who is turn sold the said plots in favour of Jaswant Singh and Gurbachan Singh, sons of Dewan Singh. Complainant-Jaswinder Pal Singh purchased them under sale deed dated 25.10.1994 and an agreement to sell. Petitioner-Harbans Singh who is the owner of adjoining plot 155, has after breaking the walls, entered forcibly into the plots. The complainant has come to know that Harbans Singh has prepared forged documents and whenever the complainant visited his plots, Harbans Singh threatened to eliminate the complainant.

(3.) The petitioner, therefore, filed this petition praying initially for quashing the F.I.R. in question (annexure P-1) and the connected proceedings on the ground that the same are barred by provisions of Section 195 Cr.P.C. According to the petitioner, Gurbax Kaur was not residing at Ludhiana and had given possession of these plots 156 and 157 to the petitioner for looking after the same, and has in the year 1990, executed a power of attorney in favour of the petitioner. According to the petitioner, an agreement to sell was also executed on 16.6.1990, but since the sale deed was not executed, a civil suit was filed for specific performance and permanent injunction, at Ludhiana. The petitioner also claims that in pursuance of the orders of the Court, the sale deed has been registered in favour of Manjit Kaur (daughter-in-law of the petitioner) on 13.9.1993. The petitioner has also alleged that Jaswinder Pal Singh has filed a civil suit (annexure P-1/A) against Manjit Kaur, petitioner and others challenging the registered sale deed.