SANTOKH SINGH Vs. VIRSA SINGH AND ANOTHER

JUDGEMENT

(1.) THE present petition under Section 439(2) read with Section 482 of the Code of Criminal Procedure and Article 227 of the Constitution of India has been filed for cancellation of anticipatory bail granted to respondent No. 1 -Virsa Singh, Lamberdar, vide order dated 24.08.2012 passed by this court in a case arising out of FIR No. 147 dated 12.06.2012, under Sections 120 -B, 419, 420, 467, 468 and 471, IPC, registered at Police Station, Civil Lines, Batala, District Gurdaspur. The operative part of the order dated 24.08.2012 passed by this court is as under: -

(2.) LEARNED counsel for the petitioner -complainant submitted that it was wrongly urged before this court by respondent Virsa Singh while making prayer for grant of anticipatory bail that Nirmal Singh, the original owner of the plot had not lodged any report to the police. He further submitted that, in fact, Nirmal Singh had moved two applications to the police and their diary numbers are duly mentioned in the impugned FIR, therefore, by making wrong averment, respondent No. 2 Virsa Singh obtained the order for grant of anticipatory bail by this court.

(3.) I have heard learned counsel for the parties and with their able assistance perused the material available on record.