LAKHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure for quashing the First Information Report No. 247 dated 12.10.1987, Police Station Beas, under Sections 420,468 and 471 I.P.C. Briefly, stated the allegations made in the First Information Report which was lodged at the instance of Joginder Singh son of Karam Singh are that one Karam Kaur was his aunt. She was a widow and had no issue. She had left a will in favour of the aforesaid Joginder Singh and on the basis thereof; Joginder Singh had taken possession of the Property left by Karam Kaur, mutation on the basis of the said will had also been sanctioned in his favour on 11.12.1985 and he was continuing in possession of the land. He had filed a complaint under Sections 468 and 471 IPC against Hira Singh, Lakha Singh etc. with the allegations that they in connivance and assistance of some other persons had forged a mortgage deed purporting to have been executed by Karam Kaur in favour of Him Singh etc. Shri J.S. Jandiala, Advocate, states at the barthat Hira Singh etc. have since been convicted in the aforesaid complaint and their appeal is pending in the Court of Sessions. He further stated that the mortgage deed mentioned in the present First Information Report is different from the one which was the subject matter of the aforesaid complaint.

(2.) AFTER going through the averments made in the First Information Report, it cannot be said that assuming the facts to be true, no offence is constituted. There is thus no compelling reason for quashing the First Information Report. The petition is, therefore, dismissed. Petition dismissed