JOGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE instant petition has been filed under Section 482 Cr.PC for quashing of F.I.R. No.11 dated 14.01.2010 registered for the offence punishable under Sections 420, 466, 467, 468, 471 and 120 -B IPC at police station Beas, District Amritsar and all the subsequent proceedings arising therefrom.

(2.) FEW facts will unfold the case: The District Manager of Punjab State Warehousing Corporation (hereinafter referred as 'PSWC') lodged a FIR levelling allegations of forgery and cheating. They named six persons whose involvement was suspected by them. A suit of recovery for over Rs.25 lacs was filed against M/s R.K.Rice Mills, Tangra, which was decreed on 23.05.1998. Subsequent to the passing of the decree, PSWC wrote to the revenue officials asking for details of the property owned by Ramesh Kumar @ Ramesh Kumar - defendant. The SDM forwarded the details along with copy of Fard Haquit. The allegations are that Ramesh Chander with an intention to play fraud on PSWC sold his property to Gurinderjit Singh, his close relative, vide sale deed on 01.02.2000 knowing fully well that a decree had been passed against him and the property had been attached.

(3.) THE petitioner has approached this Court for quashing of the FIR on the plea that if the complaint is allowed to be investigated, it would amount to an abuse of power by the police. It was pleaded that the petitioner was not to gain anything and the complainant had named four persons but the challan had been filed only against two and the case of the petitioner was similar to the other accused, who were found innocent.