NIRANJAN SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) PETITIONER has preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 107 dated 24.8.2010 (Annexure P -1) under Section 465, 467, 468, 471 of the Indian Penal Code, 1860 (IPC for short) registered at Police Station Lambi District Sri Muktsar Sahib and all the subsequent proceedings arising therefrom. Learned counsel for the petitioner has submitted that respondent No. 2 was appointed as a Lambardar vide order dated 18.9.2007. However, the said order was set aside in appeal filed by the petitioner. Revision petition filed by respondent No. 2 against the order in appeal dated 25.9.2008 (Annexure P -2) was dismissed by the Financial Commissioner, Revenue, Punjab on 20.10.2009 (Annexure P -4). Writ petition filed by respondent No. 2 was allowed by this Court on 15.3.2011 (Annexure P -6). Petitioner was issued identity card on 18.11.2008 (Annexure P -3) after his appeal was allowed by the Commissioner. Hence, the criminal proceedings initiated against the petitioner on the allegation that he had attested the affidavit of Ramandeep Kaur although he was not a lambardar were liable to be quashed.

(2.) LEARNED State counsel as well as counsel for respondent No. 2, on the other hand, have opposed the petition.

(3.) AFTER hearing learned counsel for the parties, I am of the opinion that the present petition deserves to be allowed.