RACHHPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has come to this Court with a request to quash FIR No. 351 dated 27th November, 1995, of P.S. Sadar Ferozepur, under Sections 419, 420, 465, 467, 468, 471 and 120-B, Indian Penal Code. The main ground urged by the petitioner is that the same question or issue as to whether the petitioner forged a power of attorney and used it arises for consideration in a civil suit pending before the Court of G.S. Saran, Sub Judge, Ferozepur, between Harchand Singh and others on the one hand, and the petitioner and others on the other. A copy of the plaint has also been placed on record by the petitioner as Annexure P1. In paragraph 5 of the plaint it has been alleged that Rachhpal Singh, the petitioner herein, manipulated a general power of attorney in his favour on behalf of defendant No. 1 which is false, forged and a fabricated document. By using this allegedly forged document, a sale deed is alleged to have been executed. The counsel for the petitioner contends that when the same issue, i.e., whether the power of attorney in favour of the petitioner is a forged document arises for consideration in the civil suit, and since the finding of the Civil Court will be binding on the criminal court, proceedings against him in the criminal court ought not be allowed. He relies upon the decision of the Hon'ble Supreme Court in Sardul Singh and another v. Smt. Nasib Kaur (Special Leave Petition (Cr.) No. 3082 of 1986) in support of his contention. But a preliminary objection has been taken by the respondent-State on the ground that charges have been framed in this case on 18th September, 1996, and the case is also fixed for the examination of P.Ws. on 8.1.1997 and that once the charges are framed, the petitioner's request for quashing the proceedings cannot be entertained. In these circumstances, I am of the view that the better course will be to stay the proceedings arising from FIR No. 351 dated 27.11.1995 referred to supra till the disposal of the civil suit pending before the Sub Judge, Ferozepur.

(2.) THE learned Sub-Judge is, however, directed to dispose of the suit with expedition. Petition is ordered accordingly.