NIRBHAI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prayer in the present petition is for quashing of FIR No.241 dtd. 30/10/2009 under Ss. 447, 511, 427, 506 and 34 IPC with Police Station Patran, District Patiala (Annexure P-1).

(2.) The learned counsel for the petitioners states that a civil dispute was pending between the parties which has culminated in favour of the petitioners upto the High Court. During this period, Balwant Singh, the complainant got registered the aforementioned FIR, which on investigation, was found to be false, and therefore, a cancellation report was submitted to the Court below. The categoric finding of the investigating agency was that Nirbhai Singh was the owner of the land and he had cultivated the same.

(3.) Notice was issued to Balwant Singh and on his opposing the same, the matter went back for further investigation vide order dtd. 6/3/2010. During the pendency of the further investigation, the said Balwant Singh passed away and now the cancellation report has been submitted once again on 13/10/2018 after this, the Court had directed that the same should be submitted to the Court within a month of the order dtd. 21/10/2013 (Annexure P-7). The legal heirs of the said Balwant Singh are not appearing before the Court below despite warrants being issued to them. The learned counsel for the petitioners submits that no notice was required to be given to the legal heirs since they are not the first informants. He relies upon Paras 4 and 5 of the judgment passed by the Hon'ble the Supreme Court in the case of Bhagwant Singh versus Commissioner of Police, 1985 (2) RCR (Criminal) 259 to support his argument. Paras 4 and 5 of the said judgment are reproduced as under:-