GURDIAL SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Prayer in this petition is for quashing of FIR No.01, dated 16.01.2009, under Sections 419, 420, 467, 468, 471 and 120-B of IPC, registered at Police Station, NRI, Ludhiana.

(2.) The brief facts of the case are that the petitioner along with his brother-Amarjit Singh Pardesi,(respondent No.2) and their mother, Gurdev Kaur were co-owner of House No.B-XX-3045, Gurdev Nagar, Ludhiana, and Smt. Gurdev Kaur was living in the said house. The petitioner and respondent No.2 are residing in United States of America. Petitioner-Gurdial Singh got sale deed No.19283, dated 28.11.1996, in respect of said house fraudulently executed in his favour from his father Gurbachan Singh on the basis of forged Power of Attorney No.2111/4 dated 04.08.1987. The said Power of Attorney was forged in favour of Gurbachan Singh, father of the petitioner and respondent No.2, while respondent No.2 had not executed any such Power of Attorney in favour of his father.

(3.) Respondent No.2/complainant had not visited India on 04.08.1987, the date on which the alleged power of attorney, was shown to have been executed. The sale deed, alleged to have been executed by Gurbachan Singh, was bearing his thump impression while his father used to put signatures on the documents. To give legal shape to the sale deed, the petitioner affixed photograph of his motherSmt.Gurdev Kaur and his own photograph on the above said deed.