LAWS(P&H)-2015-11-293

YOGESH BANSAL Vs. PARAMJIT SINGH GILL & ANOTHER

Decided On November 16, 2015
Yogesh Bansal Appellant
V/S
Paramjit Singh Gill And Another Respondents

JUDGEMENT

(1.) Petitioner has filed the present petition for quashing of order dated 31.1.2013 passed by Sub Divisional Judicial Magistrate, Dhuri, whereby the complaint filed by the petitioner under Sections 406, 420, 467, 468, 471/120-B IPC, Police Station Sadar Dhuri was dismissed, as well as order dated 13.10.2014 passed by learned Additional Sessions Judge, Sangrur, whereby the revision petition against order dated 31.1.2013 was also dismissed.

(2.) Briefly stated, the facts of the case are that the petitioner filed a criminal complaint against the respondentsaccused with the allegations that his father was owner in possession of land measuring 46 Bighas and 9 Biswas situated in the revenue estate of Village Bardwal, Tehsil Dhuri, District Sangrur. It has been averred that though this fact was in the knowledge of the accused, but they with a mala fide intention and in order to cause wrongful loss to the people of Shamlat Patti Barra Baas and also to have wrongful gains, got the above land mutated in the name of Desh Bhagat College Trust Regd. (hereinafter called as "the Trust"), Village Bardwal without any basis. This land was never gifted or donated by the residents of Shamlat Patti Barra Baas/Gram Panchayat, Bardwal to the 'Trust'. Respondent-accused No.1 is the Vice Chairman and respondentaccused No.2 is the Secretary of the Trust. They kept mum and allowed the revenue authorities to change the ownership of the land from Shamlat Patti Barra Baas to the name of the Trust.

(3.) When the entries were made in favour of the Trust, respondent no.1 got resolution dated 9.8.1992 passed for the sale of the land and he is one of the signatories of the resolution. Similarly, respondent no.2 got resolution dated 31.10.1992 passed for the sale of land and through these resolutions, Mohinder Singh, Ajit Singh Pardeshi and Mewa Singh executed sale deeds.