DEWAN CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner by means of this criminal miscellaneous u/s 482, Cr. P.C. seeks the quashing of the FIR No. 17 dated 26/11/1976, registered at Police Station City, Hansi for offences u/ss 466; 471 and 420, IPC, as also u/s 120-B IPC, and the charges framed by the Sub Divisional. (J) Magistrate, Hansi for the said offences.

(2.) The case was registered on the basis of a letter sent by the Tahsildar, Hansi. An inquiry had been held with respect to the complaint filed by Vishan Dass a brother of the petitioner. Kalu Ram, father of the petitioner, had executed a Will dated 9/4/1964 in favour of his wife, Smt. Kako Bai and his three sons namely Dewan Chand, Vishan Dass and, Ved Parkash. Mutation No. 2500 was entered on the basis of the Will by Jiwan Dass Patwari. Record had been tempered with respecting this mutation. An entry had been recorded at that back of the Parat Patwar of mutation No. 2500 though there was no reference to that document on the Parat Sarkar, Vishan Dass had further alleged that a Will with respect to the residential properties was also in favour of the legatees in the same terms as the agricultural land, but in the forged document, different recitals had been recorded.

(3.) Sh. R.S. Bindra, Sr. Advocate, the learned counsel urges that mutation No. 2500 was entered by the Halqa Patwari on the report of Smt. Kako Bai and the Will was shown to him who entered the mutation on the basis thereof. At the time of attestation of the will, Vishan Dass was present and he had affirmed the correctness of the will. Plot No. 280, situated in Model Town, Hissar was owned by the petitioner, but held Benami by his father Kalu Ram. This fact had been admitted by Kalu Ram in his will, Vishan Dass did not accept that position and on 18.9.1974, he filed a suit for partition of this plot and building thereon, as well as another house situated at, Hansi. The petitioner in the written statement in that suit, made a claim about his exclusive ownership of that plot. On 24/11/1975, Vishan Dass had moved an application to the Financial Commissioner, Hissar, complaining that some noting had been factiously made on the Parat Patwar of Mutation No. 2500. Thereafter an inquiry was made and a case was registered.