GIAN CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have filed the instant petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing of F.I.R. No. 171 dated 19.12.1996, registered at Police Station Division No. 2, Ludhiana, under Sections 467/468/471/420 and 120-B of the Indian Penal Code, the order dated 10.3.1998 (Annexure P-2) of framing the charge against the petitioners, the charge-sheet dated 10.3.1998 (Annexure P-3) and the order dated 4.2.1998 (Annexure P-4) vide which the application of the petitioners for discharging them, was dismissed.

(2.) THE aforesaid F.I.R. was registered on the complaint filed by respondent No. 2-Charanjit Lal against the petitioners. It has been alleged in the F.I.R. that the complainant-Charanjit Lal is the partner of firm M/s. Yog Raj and Brothers. The said firm was the owner of the land measuring 905 Sq. Yards in Khasra No. 512, as per the Jamabandi for the year 1974-75. The said firm through its partners, including Yog Raj, who is the real brother of the complainant, sold a part of the above land measuring 565 Sq. yards from Khasra No. 512 to petitioners No. 1 and 2, namely, Gian Chand and Gulshan Kumar. The said piece of land was sold by registered sale deed dated 11.6.1979 for a total consideration of Rs. 13,000/-. Along with the sale deed, a site-plan was prepared showing the measurement of the land sold with different sides.

(3.) IN the instant petition, the petitioners have stated that Yog Raj, the real brother of the complainant-respondent No. 2, who executed the sale deed in favour of petitioner Nos. 1 and 2 earlier, filed a similar complaint against the petitioners with the similar allegations in the court of Judicial Magistrate Ist Class, Ludhiana, on 15.4.1993, a copy of which is annexed with the petition as Annexure P-5. In support of the said complaint, Yog Raj- complainant had examined three witnesses and produced 14 documents to establish the alleged forgery. The learned Judicial Magistrate Ist Class, Ludhiana dismissed the aforesaid complainant vide his order dated 31.3.1995, while recording the following findings :-