CHARANJIT SINGH Vs. SURINDER KAUR SANGA

JUDGEMENT

(1.) The instant petition under Sec. 482 Cr.P.C. is filed by complainant/petitioner Charanjit Singh through his LR Parminder Kaur seeking quashing of order dtd. 13/7/2016 Annexure P-1 passed by the Court of Judicial Magistrate Ist Class, SBS Nagar in Criminal complaint No.28/2015 RBT/CRM-3776-2013 titled as Charanjit Singh Vs. Gulshan Rai and others, to the extent, the protest petition filed by complainant Charanjit Singh was dismissed qua respondents No.1 to 13 herein and order dtd. 14/1/2022 Annexure P-2 passed by the Court of Additional Sessions Judge, SBS Nagar vide which the revision petition filed by the petitioner against the said order dtd. 13/7/2016 (Annexure P-1), has been dismissed.

(2.) The brief facts of the case are that complainant Charanjit Singh was son of Mehar Singh and he was permanent resident of United Kingdom. Complainant reported to the police that property in question situated on railway road Banga was owned by his father Mehar Singh who purchased the same in a Court auction. The said property consisted of two portions. The eastern portion comprised of two rooms, bathroom and a kitchen, which was taken on rent by accused Harbans Lal from Mehar Singh in 1972-1973. The western portion comprised of three shops abutting the railway road, which were rented out to three different tenants but two of the shops were later on vacated. Mehar Singh executed Will with regard to his entire estate including the aforesaid property in favour of his son Charanjit Singh. On demise of Mehar Singh, the property in question was succeeded by complainant Charanjit Singh. Taking benefit of the absence of complainant Charanjit Singh, accused Gulshan Rai, Rakesh Rai and Harbans Lal illegally occupied aforesaid two vacant shops, while the third shop is still in possession of a tenant under the complainant. After taking illegal possession of the aforesaid two shops, Gulshan Rai, Rakesh Rai and Harbans Lal started claiming that they have purchased the said two shops through registered sale deeds. The complainant alleged that the concerned four sale deeds Ex.CW-5/95, Ex.CW-5/97, Ex.CW-5/99 and Ex.C-5/100 are forged and fabricated documents. The alleged vendors of the said sale deeds i.e. respondents No.1 to 3 and respondents No.6 to 8, were having no right, title or interest in the property in question. The alleged sale deeds were in favour of Gulshan Rai and Rakesh Rai sons of Harbans Lal. The revenue authorities wrongly sanctioned mutation No.16427 in favour of Gulshan Rai and Rakesh Rai on the basis of aforesaid alleged sale transactions. However, subsequently, the said mutation was cancelled by Assistant Collector Ist Grade, Nawashahar. The aforesaid vendees also gave false affidavit to Municipal Committee Banga, with regard to their ownership. On the basis of the said complaint, police registered FIR No.125 dtd. 29/4/2004 under Ss. 420 and 120-B IPC in Police Station Banga against all the accused including the vendors, vendees and the attesting witnesses of the afore-stated registered sale deeds. The matter was investigated by the police and the accused persons joined the investigation. On completion of investigation, police presented cancellation report dtd. 18/1/2006 before the Court concerned. However, the same was rejected with direction to the police to further investigate the matter. Even after further investigation, police presented another cancellation report dtd. 19/11/2006 but the same was also rejected with direction to further investigate into the matter. Thereafter, third cancellation report was submitted by the police on 21/2/2009 and the same was accepted by the Court concerned. However, the protest petition filed by the complainant was treated as a private criminal complaint.

(3.) In the preliminary evidence, complainant examined CW-1 Yashpal Singh who produced summoned record maintained by Municipal Committee Banga and he proved documents Ex.CW-1/A to Ex.CW-1/C and documents Ex.CW-1/D and Ex.CW-1/E and copy of affidavit Ex.CW-1/F. CW-2 Harpreet Singh, Alhmad of the Court of Additional Sessions Judge, SBS Nagar produced the summoned record and proved documents Ex.CW-2/1 to Ex.CW-2/6. CW-3 Kashmiri Lal, Patwari Circle Banga, District SBS Nagar produced the record relating to concerned jamabandis and he proved jamabandis Ex.CW-3/A of 1982-1983 and Ex.CW-3/B of 1987-1988. CW-4 ASI Prem Lal official of SSP office, SBS Nagar produced the summoned record and proved documents Ex.CW-4/1 to Ex.CW-4/21. CW-5 Gurcharan Singh attorney of complainant Charanjit Singh reiterated the averments made in the protest petition. He proved power of attorney Ex.CW-5/1. He also proved documents Ex.CW-5/2 to Ex.CW-5/53. He also tendered documents Ex.CW-5/54 to Ex.CW-5/100.