NATHI RAM AND ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard.

(2.) The petitioners--Nathi Ram, Rajinder, Jagpal and Zile Singh have filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') invoking the inherent jurisdiction of this Court for issuance of directions to the respondents to further investigate under Section 173(8) of the Code, the case FIR No. 291 dated 20.12.2005, registered under Sections 420, 465, 467, 468, 471 and 120-B IPC in Police Station Indri, District Karnal (Annexure P-1) in view of the recommendations made in the Inquiry Report (Annexure P-3) submitted by Deputy Director General of Police, Chief Minister Flying Squad, Haryana, Chandigarh, recommending reinvestigation under Section 173(8) of the Code and for entrusting the investigation of the case to some independent agency and for getting the same supervised from some higher ranking officer.

(3.) As per the contents of this petition one Nawab Mohammad Aizaz Ali Khan was the owner of 6700 bighas of agricultural land in the revenue estate of Village Dabkoli Khurd, Teshsil Indri, District Karnal, which was under the cultivation of about 150 Harizan families of that village, including forefathers of the petitioners as tenants since the year 1903 continuously and they had installed tubwell etc., in that land. On account of change of the course of River Yamuna sometimes this land had been falling in the limits of U.P and sometimes in the limits of Haryana State. The said Nawab migrated to Pakisatan after the partition of the Country in the year 1947 and as such this land was declared as evacuee property under the provisions of Administration of Evacuee Property Act, 1950 (hereinafter referred to as the 'Act'). Though in the revenue record land continued to be recorded in the ownership of different persons, but the petitioners continued to be recorded as tenants. A petition was filed by the said Nawab under Section 16(1) of the Act that he was not an evacuee and his properties have wrongly been declared as evacuee properties. That petition was accepted. He applied for restoration of possession. Before the possession could be delievered, he died on 4.3.1963 without leaving behind any legal heir. Thereafter, the petition filed by him under Section 16(2) of the Act was dismissed. That Nawab was having bad habits and taking undue advantage of his being under the influence of liquor, Bishan Sarup, proprieter of M/s Gopi Nath & Sons got forged and maniputed a sale deed from the Nawab in his favour with respect to the certain properties situated in Karnal and on the basis thereof, applied to Evacuee Department for restoration of those properties.