BALJINDER KAUR Vs. BALBIR SINGH

JUDGEMENT

(1.) Both the petitions are taken up together for final disposal, since they are interconnected being arising out of the common judgment dtd. 23/8/2013 passed by the Court of learned Sessions Judge, Ludhiana, in two connected revision petitions.

(2.) Petitioner/complainant Baljinder Kaur has filed both these petitions under Sec. 482 Cr.P.C seeking quashing of common order dtd. 23/8/2013 (Annexure P-4) passed by the Court of learned Sessions Judge, Ludhiana in Criminal Revision Nos.150 dtd. 28/2/2012 titled as Balbir Singh Vs. Baljinder Kaur and 20 dtd. 23/11/2011 titled Harinder Kaur Vs. Baljinder Kaur whereby the summoning order dtd. 23/7/2011 (Annexure P-2) passed by the Court of Judicial Magistrate Ist Class, Ludhiana in a criminal complaint titled Baljinder Kaur Vs. Balbir Singh and others (Annexure P-1) was set aside and the criminal complaint was remanded back to the trial Court with a direction to pass the order afresh.

(3.) The brief facts of the case of petitioner/complainant are that petitioner Baljinder Kaur is daughter of Babu Singh, a NRI. Respondent Balbir Singh (in CRM-M-39376-2013) is son of said Babu Singh, while respondent Harinder Kaur (in CRM-M-39181-2013) is wife of Balbir Singh. Babu Singh owned immovable property in the area of Ludhiana. Babu Singh died in year 2008 in United Kingdom leaving behind 4 sons namely Balbir Singh (respondent), Sukhdev Singh, Sukhdarshan Singh @ Darshan Singh and Paramjit Singh and two daughters namely Baljinder Kaur (petitioner) and Baldev Kaur. Except Sukhdev Singh all the children of Babu Singh are settled in United Kingdom. Sukhdev Singh was looking after the entire properties of his father Babu Singh, situated in District Ludhiana. Babu Singh died intestate. However, Balbir Singh got mutated land owned by Babu Singh in Villages Alamgir and Khanpur, District Ludhiana in favour of all the sons of Babu Singh including himself, on the basis of alleged 'Will' dtd. 9/3/1999, at the back of the daughters of Babu Singh including petitioner herself. In the said proceedings, Balbir Singh was represented by his attorney. The 'Will' in question dtd. 9/3/1999 is a fake document which was never executed by Babu Singh. Even, the original of the said 'Will' was never produced before the revenue officials. On the basis of the said cheating and forgery, petitioner filed criminal complaint Annexure P-1 under Ss. 420, 467, 468, 471 and 120-B IPC against Balbir Singh, Harinder Kaur, Surender Bir Singh, Surender Kaur and Manpreet Singh.