SAWRAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SWARAN Singh, petitioner seeks quashing of FIR No. 13 dated 19.1.1998 (Annexure-P.1) registered under Sections 419, 420, 468, 471 read with Section 34 of the Indian Penal Code with Police Station Sadar Ferozepur.

(2.) IN order to decide the controversy raised in the petition, the essential facts need to be stated. Chhinder Kaur, complainant addressed a communication to the Senior Superintendent of Police, Ferozepur, wherein she mentioned that she had already given application dated 13.5.1991 against accused Swaran Singh, Sarwan Singh alias Bittu, Balkar Singh, Bagicha Singh and Mukhtiar Kaur stating therein that they had killed her father, Piara singh, on the night intervening 10/11.5.1991. Thereafter, enquiry was done on that application but subsequently that application was ordered to be filed because it was stated that his father had died on account of illness. Despite the fact that death of Piara Singh had taken place on 10/11.5.1991, the above named accused persons submitted wrong affidavits by stating that he had died on 1.9.1991 and got recorded this fact in the death and birth register. These circumstances clearly reveal that the accused had fabricated the Will of her father in order to grab his property.

(3.) IN pursuance to the notice given to the respondents, the State of Punjab in its written reply has refuted the stand of the petitioner and justified the registration of the FIR in question against him as well as other accused. It was further stated by counsel for the respondent No. 1 that during the investigation of the case accusation against Swaran Singh, Sarwan Singh alias Bittu, Balkar Singh and Vijay Kumar, Lambardar, who was an attesting witness of the Will in question have been found to be substantiated and challan had been prepared which could not be put in Court because of the stay granted by this Court.