JIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners, while invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') and Article 227 of the Constitution of India, seek quashing of F.I.R. No. 75 dated 25.5.1990, registered under Sections 419, 420, 468, 471, 120-B, 193, 196, 204, 205, 209 and 210 of Indian Penal Code with Police Station Lehra, report submitted under Section 173 of the Code and the charge framed as per order dated 21.8.1993 by the Judicial Magistrate Ist Class, Sunam.

(2.) RUR Singh had submitted a written complaint before Judicial Magistrate, Sunam, who had sent the same to the police station Lehra for registration of the case. It was alleged in the complaint that Khera Singh son of Saida Singh owned the land measuring 32 Kanals 18 Marlas, situated in Village Daska, fully described in Jamabandi for the year 1986-87, mentioned in para 2 of the complaint. Dula Singh son of Ami Chand, Barkat son of Ami Chand and Karam Singh son of Saida Singh also owned land measuring 42 Kanals 17 Marlas, situated in Village Daska, detailed in para 2 of the complaint. Rurr Singh claimed himself to be legal heir of aforesaid persons, who (except Karam Singh) had died during the disturbance at the time of creation of Pakistan while Karam Singh had died before that. Accused Inder Singh, Santokh Singh, Puran Singh, Jaswant Singh, Nirmal Singh and Darshan Singh connived and obtained a collusive decree of above mentioned land by putting a fictitious person as Khera Singh in Court, though factually Khera Singh was dead at that time. In addition, Inder Singh, accused No. 6, fabricated a Mukhtiarnama (Power of Attorney) of Khera Singh, Karam Singh, Barkat Singh and Dula Singh in his favour with the help of Jagpal Singh, accused No. 9, and Piara Singh, accused No. 10. On the basis of said Power of Attorney, Inder Singh executed a sale deed dated 2.3.1987 which was got registered before the Sub Registrar, Lehra, on these allegations the case was registered on 25.5.1990 by SI Rajinder Pal, SHO, Police Station Lehra. The investigation was conducted by ASI Parkash Chand of Police Station Lehra. He took into possession record of sub Registrar, Lehra and arrested the accused involved in the commission of crime. Further investigation was carried by Gurdip Singh, Sub Inspector/Incharge Police Post Daska and Sub Inspector Piara Singh. On completion of investigation, report under Section 173 of the Code was filed against the accused under Sections 419, 420, 468, 471, 120-B, 193, 196, 204, 205, 209, 210 of Indian Penal Code. On the basis of report submitted and the documents attached therewith, charge under these Sections was also formed against the accused by Judicial Magistrate Ist Class, Sunam. With above background, present petition has been filed.

(3.) LEARNED counsel for the petitioner at the threshold of the arguments stated before me that Jit Singh, petitioner No. 1, does not want to pursue the petition. Accepting the prayer made, the petition qua him is dismissed.