BHAGWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Bhagwant Singh son of Phuman Singh has filed this petition under Section 482 of the Code of Criminal Procedure for quashing the First Information Report No. 126 dated 31-8-1993 registered at Police Station Civil Lines, Ludhiana (Annexure P-7), the challan dated 4-3-1994 (Annexure P-14) and all subsequent proceedings emanating therefrom, the same being an abuse of the process of the Court and in order to secure the ends of justice.

(2.) It has been stated in the petition that the petitioner had good relation with S. Jagtar Singh Sekhon who is residing in California (U.S.A.). Jagtar Singh has been the owner of certain properties at Ludhiana. He disclosed to the petitioner that he wanted to transfer 510 square yards of his land situated in Ghumar Mandi Ludhiana which was being used by Inderjit Singh Gill for running a small dhaba known as Gill Dhaba in his favour. Shri Inderjit Singh Gill is the sister's son of Jagtar Singh. Accordingly, the petitioner is alleged to have received a power of attorney dated 16-4-1980 (Annexure P. 2) duly attested and notarised in U.S.A. As per wishes of Shri Jagtar Singh, the petitioner transferred 318 square yards of land in favour of S. Inderjit Singh and 192 square yards in favour of Smt. Harminder Kaur wife of Shri Inderjit Singh vide two separate sale deeds dated 16-7-1980. It has been explained that even Inderjit Singh had been given power of attorney dated 23-12-1975 (Annexure P. 1) by said Shri Jagtar Singh.

(3.) It is alleged that when S. Jagtar Singh contacted fifth marriage with Smt. Paramjit Kaur, he was incited by his brother-in-law Baldev Singh to get the transfers nullified as the price of the land had gone enormously high. As a consequence Jagtar Singh filed a complaint alleging therein that the power of attorney dated 16-4-1980 (Annexure P. 2) purporting to have been executed by him was a forged and fabricated document. On an enquiry into the allegations in the complaint, the Superintendent of Police, Ludhiana vide his letter dated 8-4-1992, informed Jagtar Singh that the matter was of a civil nature and he should persue his case before the Civil Court. After a period of 1 1/2 years, F.I.R. No. 126 dated 31-8-1993 was lodged by Shri Baldev Singh, brother-in-law of Shri Jagtar Singh, with Police Station Division No. 5, Ludhiana, for the offences under Sections420/468/471/120-B of the Indian Penal Code against the present petitioners Inderjit Singh Gill, Smt. Harminder Kaur and one Niranjan Singh (father-in-law of Inderjit Singh Gill). After investigation a charge-sheet has been filed against all these four persons in the Court of Judicial Magistrate, Ludhiana on 11-4-1994 and a charge has already been framed against the petitioner and his co-accused on 1-9-1994.