AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AJIT SIngh, Harjeet Kaur, Bir Singh, Shingara Singh and Bikramjit Singh the petitioners-accused are seeking quashing of FIR No. 127 date 7.11.2002, under sections 420, 467, 468, 471 and 120-B of the Indian Penal Code (Annexure P5) registered at Police Station Harike, Police District Taran Tarn District Amritsar.

(2.) THE present case was registered on the complaint of one Buta Singh resident of village Alipur, alleging therein the Bikramjit Singh, Sarpanch, his wife Harjit Kaur and Ajit Singh, resident of Village Alipur had transferred his land measuring 19 kanal 16 marlas fictitiously. The matter was inquired into. During the course of enquiry, it was found that there was 12-1/2 acres of land belonging to Jumla Mushtarka Malkan in village Alipur which formed the part of the Patti Alipur. Land of this village was situated at far away places. The proprietors of the village found it difficult to supervise their land as some of the land was located across the river belt. Consequently, a new village was carved out of the revenue estate of village Alipur which came to be known as Ratta Gudda. On partitions of Jumla Mushtarka Malkan land of two villages, the land of the share of Patti Alipur came to be 19 kanal 16 marlas which belong to 76 proprietors of the village. As the proprietors had a small share of holding in this land, which was earlier in possession of Sucha Singh, Buta Singh after becoming Sarpanch of the village in the year 1985, got a document executed on 20.3.1986 in his favour and became the tenant in possession of the said land. He got the entries of khasra girdawari incorporated in his own name. He also did not pay rent to any of the proprietors in respect of the said land. Rather he gave this land to Gurmukh Singh resident of village Ratta Gudda for cultivation. Hari Singh son of Tara Singh, who was one of the proprietors of the village, had shifted to village Kili Gudda, Police Station Makhu, District Ferozepur. He died on 3.1.1989 in village Kili Gudda. Hardip Singh son of Hazara Singh, the other proprietor of the village had also shifted his residence to village Kamalwala Kalan, Police Station Mallanwala Kalan, District Ferozepur. He died on 24.10.1974 in village Kamalwala Kalan. On 6.6.1994 Jagir Singh son of Bishan Singh and 75 other persons, the proprietors of the above mentioned land, were stated to have executed a power of attorney in favour of Ajit Singh in order to sell the same. Signatures and thumb impression of 76 proprietors were obtained on the said power of attorney. Despite the fact that Hari Singh had died on 3.1.1989, his name was entered at serial No. 54 of the power of attorney as one of the proprietors and a party to the document having appended his thumb impression. Similarly, name of Hardip Singh, who had died on 24.10.1974, and was one of the proprietors, was too entered in the same power of attorney showing that the had also executed this document by putting his thumb impression on it. On the basis of the said power of attorney, Ajit Singh executed the sale deed dated 9.9.1994 on behalf of all the proprietors of the village in favour of Harjit Kaur resident of village Pahuwind for a consideration of Rs,. 90,000/-. The consideration amount was stated to have been distributed amongst the proprietors. The said Buta Singh was stated to have further sold this land to Gurmukh Singh for a consideration amount of Rs. 5 lac and had delivered the possession of the same. Harjit Kaur was not found to be in cultivation possession of the said land.

(3.) THEREAFTER the second petition bearing Criminal Misc. No. 3776-M of 2003 was also filed for the same relief praying therein that the investigation is still continuing and that certain affidavits have been tendered by Bakshish Singh son of the Hardip Singh, Resham Singh son of Hari Singh and Lakhbir Kaur widow of Gursewak Singh and in case the said affidavits are taken into consideration, no offence as alleged would be made out against the present petitioners. The said petition was dismissed by this Court on 4.4.2003 observing that the said Affidavits cannot be considered for the purpose of quashing at that stage. It was further observed that the petitioners may move an application before the concerned police authorities for reinvestigation of the case on the basis of the said affidavits. However, in the said petition Chuhar Singh had not joined hands.