BALWANT KAUR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The conspectus of the facts, which needs a necessary mention for a limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record is that, Shaminder Singh was the owner of a .32 Bore Pistol. He died on 19.12.2004. Petitioner-Balwant Kaur applied and submitted an application accompanying an affidavit, for seeking 'No Objection Certificate' to the District Magistrate, Ludhiana, for the sale of said Pistol, stating therein that she along with her daughter Barleen Kaur are the only legal heirs of the deceased.

(2.) According to the prosecution that, although complainant-Gurveen Kaur-respondent No.2 is also the daughter of Shaminder Singh(deceased), but the petitioner filed a wrong affidavit in this regard. On receipt of the report of the revenue officer, it revealed that the complainant is also his(Shaminder Singh) legal heir, but the petitioner has intentionally concealed this fact. In this manner, she (petitioner) was stated to have forged the signatures of the complainant Gurveen Kaur, got attested one affidavit allegedly executed by her, used the forged affidavit as genuine to get the 'NOC', causing undue loss to the complainant and illegally sold the Pistol. On the basis of aforesaid allegations and in the wake of complaint of Gurveen Kaur-complainant, the present case was registered against the petitioner-accused, vide FIR No.165 dated 17.06.2006(Annexure P-2), on accusation of having committed the offence punishable under Sections 420, 467, 468 and 471 IPC, by the police of Police Station Division No.5, Ludhaina, in the manner depicted hereinabove.

(3.) Aggrieved by the registration of the criminal case, the petitioner had earlier filed a petition bearing No.CRM No.M-23533 of 2007, for quashing the same FIR(Annexure P-2) almost on the similar grounds, which came to be disposed of by a Coordinate Bench of this Court (Rajan Gupta, J.), by means of order dated 27.01.2009, which is as under:-