RAJINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THROUGH criminal Mis. Petition No.25956 -M of 2001 Rajinder Kumar -petitioner has prayed for the grant of anticipatory bail to him and through criminal misc. Petition No.23064 -M of 2001, Jaswinder Singh Petitioner has prayed for the grant of anticipatory bail to him in case FIR No. 126 dated 21.5.2001 registered under Sections 419/420/463/467/468/471/471A/120B of the Indian Penal Code at PS Division No. 4, Jalandhar.

(2.) BY means of this order, both these criminal misc. petitions shall be disposed of. Facts: -

(3.) IT was submitted by the learned counsel for Sh. Rajinder Kumar Halqa Patwari that during his life time, Ajit Singh had given six power of attorneys in respect of various pieces of land. He had given one power of attorney No. 5907 dated 22.2.1996 with regard to 6 kanals of land to Sunil Kumar and Ravi Katyal. He had given one power of attorney No. 5907 dated 22.2.1996 with regard to 6 kanals of land to Sunil Kumar and Ravi Katyal. He had given power of attorney No. 5699 dated 26.7.1997 with regard to 6 kanals of land to Sunil Kumar and Ravi Katyal. He had given power of attorney No. 5672 dated 8.10.1996 with regard to 11 kanals 8 marlas of land to Mohan Jit Saini, power of attorney No. 5908 dated 17.10.1996 with regard to 1 kanals 12 marlas of land and power of attorney No. 7641 dated 16.12.1996 with regard to 11 kanals 11 marlas of land had been given to Ajit Singh Sethi and Mandeep Kaur, Ravi Katyal and Atam Parkash Singh respectively. These power of attorneys were duly registered in the office of Sub Registrar, Jalandhar. It was submitted that there was agreement to sell executed by Ajit Singh regarding receipt of full and final consideration. As such there was no question of commission of any fraud. It was submitted that Jaswant Singh had levelled false allegation with a view to pressuring the vendees and the holders of power of attorneys in whose favour agreement to sell had been executed. It was submitted that even according to the complainant, his father Ajit Singh had executed agreement to sell a specific portion of land in favour of Atam Parkash Singh son of Aya Singh and had also executed general power of attorney in his favour. It was submitted that actually, agreement to sell on receipt of full and final sale consideration was executed by Ajit Singh in favour of Anil Chopra, Sunil Kumar and Directors of M/s Saint Soldiers Property and Industry Limited, New Delhi and general power of attorneys were executed and possession of land was delivered in favour of vendees and only sale deed was left to be got registered. It was submitted that subsequently sale deeds were executed on the basis of the said general power of attorneys and special attorneys in terms of the said general power of attorneys in favour of Atam Parkash Singh. It was submitted that the vendees have already constructed palatial building 5 years ago and this fact is in the knowledge of the complainant and further said agreements to sell were also attested by him. It was submitted that Ajit Singh had also executed a will qua the said land in favour of the Managing Directors of the said concern M/s Saint Soldiers Property and Industry Limited. It was submitted that the petitioner who is a patwari does not figure anywhere except entering in the concerned mutations in the register which he was required to do so part of his duty and he could not refuse to perform his duty. It is submitted that sanctioning of the mutation is up to the concerned Naib Tehsildar of Tehsildar. It was submitted that he has been named as an accused with a view to pressuring him. It was submitted that regarding sanctioning of mutation on the basis of sale deed allegedly by the complainant -Jaswant Singh had already been decided by the Collector, Jalandhar and the appeal wherein the sale deeds and mutation qua the sale deeds have been up -held and mutation regarding the alleged will is pending before the Assistant Collector Grade -I. It was submitted that the signatures of Jaswant Singh and Ajit Singh on the disputed documents were got examined from Handwriting Expert Shri Fateh Chand and the signatures on the will as well as general attorneys given by Ajit Singh on sale agreement were found to be that of Ajit Singh. It was submitted that relevant record is already in possession of the police or the vendees concerned. Petitioner is a Government employee and no recovery is to be effected from him and general power of attorneys were executed and possession of land was delivered in favour of vendees and only sale deed was left to be got registered.