SURINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been moved by Surinder Singh, Harchand Singh and Jabarjang Singh the three residents of District Faridkot under Section 482 of the Code of Criminal Procedure challenging FIR No. 53 dated 24.7.1991 of Police Station Guru Har Sahai registered for offences under Sections 419, 420, 467, 471 and 120-B of the Indian Penal Code.

(2.) BRIEFLY , the facts as alleged are that Harpal Singh father of Surinder Singh petitioner No. 1 was a small landowner in village Chak Jawahara Wala; that there was heavy rain and hail-storm as a consequence of which kharif crop of 1991 was damaged in the village; that as a consequence of the decision of the State Government to compensate the landowners a sum of Rs. 1,210/- was payable to Harpal Singh the aforesaid landowner; that this amount was in reality received by Surinder Singh petitioner No. 1 son of Harpal Singh the landowner, that subsequently, on 27.3.1992 it came to notice that Harpal Singh was in reality dead and the payment was erroneously received by Surinder Singh. It was in these circumstances that after a preliminary investigation, at the instance of Shri Gurmej Singh, Inspector of Police (Vigilance) the present case was registered.

(3.) THUS , the mere fact that by the time the disbursement was made, Harpal Singh was dead and it was received by his son Surinder Singh, does not constitute cheating and the formal attestation by Har Chand Singh Lambardar and Jabarjang Singh the two other residents of the village does not fulfil the requirements of the offences now under consideration. The departmental enquiry which was held by the Revenue Officer was also filed and it was never a case where recovery from the successor-son was contemplated. The conclusion is that the present petition succeeds and the FIR in question and the proceedings arising therefrom are hereby quashed.