SURESH KUMAR Vs. STATE OF HARYANA & ANR

JUDGEMENT

(1.) Prayer in this petition is for quashing of FIR No.134 dated 09.05.2006, under Sections 406, 420, 467, 468 and 471 read with Section 120-B, IPC, registered at Police Station, Narnaund; the order for framing charges; the charges dated 17.04.2010 framed by the learned trial court, and the judgment dated 26.11.2011 passed by the learned Additional Sessions Judge, Hisar, and all the consequential proceeding arising therefrom.

(2.) The brief facts of the case are that Bimla Devirespondent No.2/complainant lodged a report with the police alleging that she along with her son, Virender Kumar, and daughter, Ishwari Devi, had inherited the land after death of her husband. Smt.Ishwari Devi had died on 24.12.1999 and the land was mutated in the name of her son, Virender Kumar, who was mentally retarded. The accused persons in connivance with the Tehsildar, Narnaund, and the Registry Clerk-Dharminder had got transferred the land owned by her son in their favour. After coming to know of the transaction, Bimla Devi approached the Tehsildar and requested him to cancel the sale deed but in vain.

(3.) She further alleged that earlier she had submitted an application before the Sub Registrar to the effect that her son, Virender Kumar, was of unsound mind and incapable to handle his property. She had also visited the Civil Hospital, Hisar, for obtaining the disability certificate of her son, Virender Kumar, but Dr. Bhatia refused to issue the same. Then she approached the doctors at PGIMS, Rohtak, and on the basis of the report of a Board of the Civil Surgeons her son was declared to be suffering from mental disorder to the extent of 75% and a certificate in that regard was issued. The accused persons usurped the land of his son on the basis of a false medical certificate. After thorough investigation, the charge-sheet was submitted before the learned Area Judicial Magistrate. Thereafter, further investigation was carried out in terms of Section 173(8) Cr.P.C with regard to the involvement of petitioner-Dr.Suresh Kumar in the alleged crime and the supplementary charge-sheet was filed for prosecution of the petitioner.