SUCHA SINGH MANN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These are four petitions which are being taken up together for final disposal since the subject matter pertains to the same FIR alongwith consequential proceedings.

(2.) Before adverting to the nature of relief claimed in all the four petitions, it would be necessary to note the controversy and the allegations involved in all the four cases. An FIR No.0046 dtd. 5/7/2019, Police Station City Banga was lodged by one Balwinder Singh s/o Pritam Singh acting as power of attorney holder of one Resham Singh Maan s/o Ujagar Singh, who resides abroad by making allegations against two persons, namely, Mohammad Saheed @ Raju and his wife Sulekha Khatun @ Rekha by alleging that the aforesaid Mohammad Saheed @ Raju had forged the Adhaar Card and other documents i.e. Ration Card, Gas Connection and had also got a bank account opened in Punjab and Sind Bank by using the names of the parents of the aforesaid Resham Singh. The police conducted investigation wherein it was found that the aforesaid Mohammad Saheed was also called in the name of Raj Singh @ Raju and was working in the joint house since he was only 15 years of age. The mother of the aforesaid Resham Singh, namely, Chanan Kaur, who has now died got Ration Card No.57812 in which Raj Singh was depicted as her son. Similarly, in the Voter Card and Gas Connection also, parentage was entered. However, now he has got it corrected. Along with the word Raj, the expression 'Singh' was also used which was not the original name of the aforesaid Mohammad Saheed @ Raju @ Raj Singh. The reason which came out for making such an allegation was that the aforesaid Mohammad Saheed @ Raju @ Raj Singh wanted to depict his parentage as that of the father of Resham Singh so as to usurp the land by showing that he was the brother of the aforesaid Resham Singh and this was done in connivance with another brother, namely, Mewa Singh. However, the aforesaid brother Mewa Singh was not an accused in the present FIR.

(3.) There are five brothers, namely, Sucha Singh Mann, Resham Singh, Mewa Singh, Kuldeep Singh and Palwinder Singh and all the brothers are residing abroad. Allegedly there were partition proceedings pending between them. The FIR was got lodged by one of the brothers, namely, Resham Singh through his power of attorney by Balwinder Singh and the core allegation was that a wrong information was provided to the bank and other authorities while entering into the name of Mohammad Saheed @ Raju @ Raj Singh and consequently, a fraud and forgery had been committed by him. Although connivance of another brother, namely, Mewa Singh was alleged but he was never arraigned as accused in the present FIR.