DHARAMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure(hereinafter referred to as "the Code") invoking the inherent jurisdiction of this Court has been filed by Dharambir-petitioner, for cancellation of the Investigation Report dated 17.3.2009 in FIR No. 83 dated 30.6.2007 registered under Sections 419, 420, 467, 468, 471 and 120- B of the Indian Penal Code in Police Station Shadaura District Yamuna Nagar and for issuance of direction for re-investigation by some independent agency.

(2.) It has been averred in the petition by Dharambir-petitionerCrl. complainant, that he got lodged the above said FIR. He stated therein that he entered into an agreement dated 18.9.2006 with one Faquiria, for the purchase of the land situated in village Chanchak at the rate of Rs. 2,30,000/- per acre. At that time a sum of Rs. 6 lacs was received by Asludeen by telling his name as Faquiria. The date for registration of the sale deed was fixed as 30.7.2007 and he got his presence marked before the Sub Registrar on that date by getting an affidavit attested to that effect. He served a legal notice through his counsel upon the owner, Faquiria, and only thereafter he came to know that it was Asludeen, who executed the agreement by impersonating himself as Faquiria, thereby committing the fraud. When he asked Asludeen about the fraud, he replied that he had not executed any such agreement. During the investigation of that FIR, statements of attesting witnesses to the agreement to sell were recorded by Sultan Singh, Investigating Officer on 30.6.2007 and at that time both of them supported the version given by him in the FIR. Statement of Faquiria was also recorded by the Investigating Officer and he had stated that Asludeen and Gulab Singh connived with each other to commit the fraud in order to grab his money. It was on the basis of that statement that Asludeen was arrested on 1.7.2007 and was released on bail. In respect of this investigation the report was not submitted under Section 173 of the Code for a period of about two years. After the expiry of that period, the Investigating Officer was changed, who suddenly changed the flow of investigation and diverted the same so as to make him as an accused. That Investigating Officer, who is the SHO of the police station, again recorded the statements of the witnesses containing entirely different version. Their second statements were recorded without any cogent reason. On the basis of their second statements, he was arrested and was produced before the Court. The report under Section 173 of the Code has already been submitted against him as an accused. No reason has been given as to why the earlier statements of the above said witnesses had been changed suddenly after two years. In fact he is victim but has been made an accused.

(3.) The petition was contested by the respondent. It has been stated in the reply that the petitioner was joined in the investigation and he has stated that the agreement was struck at the house of Gulab Singh. On 1.7.2007, Asludeen was arrested and suffered a disclosure statement that he along with Gulab Singh had prepared the forged document and shared the sum of Rs. 6 lacs. Faquiria moved an application on 16.7.2007 and in order to verify the facts stated in that application, an enquiry was conducted by the DSP, who joined 65 persons during the course of investigation. All these persons stated that Faquiria did not enter into the agreement to sell with Dharambir and, Asludeen and Gulab Singh in connivance with each other prepared the forged agreement. The DSP issued directions to the SHO of the police station to arrest Gulab Singh,. Asludeen and one Mushtak tendered their affidavits dated 25.11.2008 making the request to send the signatures of Asludeen for comparison with his purported signatures on the agreement to sell as Faquiria. Accordingly, those signatures were sent to the FSL, Madhuban for comparison. Rameshwar and Ashwani Kumar, attesting witnesses of the agreement were joined in the investigation and their statements were recorded. Both of them stated that it was Dharambir, who obtained their signatures on the agreement by saying that he has purchased the land and wants their signatures as witnesses. It was only thereafter that the petitioner was arrested on 7.3.2009. After Gulab Singh was joined in the investigation, he disclosed that he along with the petitioner and Asludeen hatched a conspiracy to grab the land of Faquiria by fabricating agreement to sell dated 18.2.2006. In the aforesaid investigation, statements of other witnesses were recorded and after sufficient evidence was collected, the final report under Section 173 of the Code was submitted.