N P SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is petition under Section 482 of the Code of Criminal Procedure for quashing FIR No. 23 dated 09.11.2012 under Sections 409/420/467/468/471/120-B of the Indian Penal Code and under Section 13 (1) (D) read with Section 13 (2) of the Prevention of Corruption Act, registered at Police Station Vigilance Bureau, Patiala.

(2.) Brief facts of the case are that the FIR in question was recorded at the instance of SSP, Patiala, who has stated in the complaint that during inquiry conducted by the Vigilance Bureau, it was found that the owner of Khasra No.104 was Kanwar Brijinder Singh. Out of the said area, some part thereof was sold by Kanwar Brijinder Singh to Govt. of India (Department of Post and Telegraph) and to some other private persons. In the year 1958, after the death of said Kanwar Brijinder Singh, the remaining property pertaining to Khasra No. 104 was transferred in the name of his son Kiraninder Singh and his daughter. Out of the same, Kiraninder Singh has sold the land to various private persons from time to time. Now said Kiraninder Singh has executed an agreement to sell with N.P.Singh (present petitioner), Yashpal Aggarwal and Devinder Singh Sandhu but the said land does not belong to him rather it belongs to Khasra No.103 which is a government land. But Kiraninder Singh in connivance with the Deputy Commissioner, Patiala, Naib Tehsildar, Area Kanungo and Patwari, has got the land mutationed and as such, they have committed offence by misappropriating the government land. Hence, the FIR was lodged.

(3.) The only point urged during the course of arguments is that the complainant is the Investigating Officer and as such, the proceedings cannot be continued.