HARPREET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY way of this order, I shall dispose of CRM -M - 11761 of 2013 titled "Harpreet Kaur Vs. State of Punjab" and CRM -M -44066 of 2013 titled " Ranjit Singh Kahlon vs. State of Punjab", as these involve identical questions of law and facts for adjudication. The petitioners by way of the aforesaid petitions have challenged order dated 4.1.2013 (Annexure P -3) passed by the Additional Sessions Judge, Jalandhar dismissing the revision and order dated 5.10.2010 (Anneuxre P -1) passed by the Judicial Magistrate Ist Class, Jalandhar, vide which the petitioners are charged for committing offence punishable under Sections 420, 447, 467, 468, 120 -B of the Indian Penal Code (for short "IPC"). In the petition filed by Harpreet Kaur, notice of motion was issued limited to question of charge under Section 467 IPC. However, in the petition filed by Ranjit Singh Kahlon, notice of motion was issued qua charge under Sections 467 and 468 IPC.

(2.) THE facts relevant for disposal of the present petitions are that as per allegations set out by the complainant namely Harbans Singh, he (Harbans Singh), along with his two brothers, purchased land measuring 03 kanals 17 marlas from Dilsher Bhatti and Gulsher Bhatti through their attorney Sunil Kumar out of land measuring 47 kanals 09 marlas with specific boundaries and took possession of the same. Harpreet Kaur and others, in connivance with Dilsher Bhatti and Gulsher Bhatti, prepared a forged and fabricated sale deed of the property purchased by him with an intention to cheat the complainant.

(3.) THE cancellation report was submitted by the police, however, vide order dated 23.11.2006, the trial court summoned the accused to face trial for offence under Sections 420, 467, 468, 471 and 447 IPC. The petitioners have been charged for committing offence under Sections 420, 447, 467, 468 and 120 -B IPC by the learned trial court. The revision petition preferred by the petitioners against order dated 5.10.2010 passed by the Judicial Magistrate Ist Class, Jalandhar, came to be dismissed by the Additional Sessions Judge, Jalandhar, vide order dated 4.1.2013, impugned in the present proceedings.