AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AJIT Singh -petitioner has filed this petition under Section 482 Cr.P.C. seeking quashing of FIR No. 42 dated 21.3.2012 registered at Police Station Ajnala, District Amritsar for the offences under Sections 420/34 IPC read with Sections 3, 5, 8, 9, 14(2), 15, 18 and 21 of Punjab Apartment and Property Regulation Act, 1995 (hereinafter referred to as 'the Act') and all subsequent proceedings arising therefrom. The brief facts of the case are that Mehtab Singh (respondent No. 2) made a complaint to the Inspector General of Police, Border Range, Amritsar against Sardool Singh, Tarsem Singh and Karnail Singh alleging that they had made the gang of colonizers by joining hands with the owners of the land and they had cheated him. They had executed some agreements for some plots and they had given the possession of those plots orally whereas he is in possession and he made the entire payment under the agreement. During inquiry, the Police had mentioned that Ajit Singh -petitioner is owner of the land bearing Khasra Nos. 52/11/1, 52/15/2, 52/2/5 and 53/10/2 as per Jamabandi for the year 2005 -06 and it is also mentioned that Sardool Singh, Tarsem Singh and Karnail Singh had carved out a private colony being financiers and all the three financiers started selling the plots to different persons and these financiers earlier also carved out different colonies.

(2.) LEARNED counsel for the petitioner contended that there is no allegation in the FIR against the petitioner of any type. The petitioner has not cheated the complainant. Agreements were not executed by him nor he delivered the possession to the complainant. He argued that no offence under Section 420 IPC is made out. As regards the other allegations under the Act, only promoters are liable.

(3.) AFTER going through the record and after hearing learned counsel for the parties, I find that the FIR is registered on the basis of complaint of Mehtab Singh and in the FIR itself there are allegations against Ajit Singh. It is written in the FIR that the aforesaid accused by preparing forged site plan without the sanction of the PUDA had carved out the colony and cheated him. Some of the Khasra numbers were purchased from Ajit Singh and to save the stamp duty the sale deeds were not executed and only on the basis of agreements plots were sold. It is also averments in the complaint of complainant Mehtab Singh that Additional Chief Administrator, PUDA, Amritsar, has already filed application before the Police for registration of the FIR against Ajit Singh, owner of the property. There is inquiry report by the SHO in the Police file. There is also inquiry report conducted by Superintendent of Police (D). The statement of Ajit Singh was also recorded in this inquiry, where he admitted that he sold 10 Kanals 8 Marlas of land to Sardool Singh, Tarsem Singh and Karnail Singh. It is also as per his statement that these persons have carved out the residential plots and started selling the same and these persons sold 7 Kanals 15 Marlas of land to the customers regarding which he and his son Kashmir Singh got executed the sale deeds in favour of the customers. It is also in this inquiry report that some of the sale deeds were also got executed in favour of purchasers i.e. Sardool Singh etc. During inquiry, it was found that it was due to the connivance of Ajit Singh and his son Kashmir Singh accused, they have allowed Sardool Singh etc. to sell the property on the basis of site plan of the colony even before the execution of the regular registered sale deeds in their favour.