NIRPAL SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The instant writ petition under Articles 226/227 of the Constitution of India has been filed for issuance of a writ in the nature of certiorari to quash the order dated 11.02.2010 (Annexure P -10) passed by Government of Punjab, Department of Home Affairs and Justice (Judicial -I Branch) whereby order dated 29.09.2009 (Annexure P -8) vide which decision to withdraw the prosecution under Sec. 321 of the Code of Criminal Procedure (for short 'Cr.P.C.') was issued, has been withdrawn.

(2.) The brief relevant facts for disposal of this petition are to the effect that Gurcharan Kaur wife of Sukhdev Singh was the owner of four plots measuring 191 square yards each which she had sold to Ranjeeta Syngle and her husband Deepak Syngle vide four sale deeds No. 7153 dated 09.12.1994, 4972 dated 13.09.1994, 7755 dated 20.12.1994 and 5028 dated 15.09.1994. Ranjeeta Syngle and Deepak Syngle further sold these plots to Ajit Singh Chadha, Rajinderpal Singh and Kuldeep Kaur. Rajinderpal Singh and Kuldeep Kaur further sold the plots purchased by them to Bhupinder Singh and others. Prior to the sale of property to Rajinderpal Singh and Kuldeep Kaur, Ranjeeta Syngle and Deepak Syngle had already entered into an agreement to sell dated 31.03.1999 with Om Parkash Goel son of Des Raj Goel and had taken Rs. 14,50,000/ - as earnest money. Om Parkash had filed a civil suit for specific performance in which stay was granted by the civil court on 26.07.2000. This fact was concealed by Ranjeeta Syngle from vendees from whom the petitioner had purchased the plots. Om Parkash Goel also lodged an FIR No. 219 dated 13.06.2002 under Ss. 420, 467, 471 and 120 -B IPC at Police Station Kotwali, Patiala.

(3.) I am not required to give further details of the litigation between various persons i.e. purchasers and vendors etc. as it will be suffice to mention that Ranjeeta Syngle filed a criminal complaint along with an application under Sec. 156(3) of the Cr.P.C. against petitioner and others and the said complaint was referred to Station House Officer, as a result of which FIR No. 370 dated 28.12.2005 under Ss. 457, 380, 452, 336, 506, 354, 148, 149 IPC and Ss. 25/27/54/59 of Arms Act was registered at Police Station Civil Lines, Patiala, against Bhupinder Singh, Nirmal Singh, Ajit Singh Chadha and Nirpal Singh.