HARDEV SINGH Vs. STATE OF PUNJABTLP&H

JUDGEMENT

(1.) THROUGH this Criminal Misc. Petition No. 443-M of 1996, Hardev Singh has prayed to this Court for quashment of FIR No. 127 dated 15.11.1995, (Annexure P-6) registered at P.S. Bhikhiwind under Sections 420/467/468/471/120-B of the Indian Penal Code against him and others at the instance of Gurvinder Singh S/o Ajit Singh.

(2.) GURVINDER Singh and Hardev Singh are the sons of Ajit Singh born to different mothers. Gurvinder Singh is the son of Smt. Guro while Hardev Singh is the son of Smt. Gurmej Kaur. Hardev Singh has two sisters namely Biro W/o Major Singh and Ninder Kaur who is married at Tata Nagar. There was land measuring 7 Kanals 9 marlas owned by Ajit Singh situated at village Sugga. Half of this land had already been willed away to Hardev Singh through will by Ajit Singh. With regard to the remaining half, will was executed by Ajit Singh in favour of Smt. Guro i.e. Hardev Singh's mother. Ajit Singh was killed by extremists some time after 7.1.1990. Smt. Guro wanted that will to be given effect to and half of the land mutated in her name. On the basis of that will, she took proceedings in the Court of the Assistant Collector Ist Grade, Patti (Mutation Officer). After the death of Ajit Singh, Government was to disburse the ex-gratia grant. Hardev Singh connived with the Reader to SDM, Patti, Sh. Mehta, Hardev Singh came to Gurvinder Singh and his mother Smt. Guro and told them that the Reader to the SDM had come to village Sugga that day for recording the statements for disbursement of ex-gratia grant in equal shares. Reader was residing in the house of Hardev Singh. Hardev Singh called Gurvinder Singh and his mother Guro. Gurvinder Singh and Smt. Guro took one Ajmer Singh of village Sugga with them thinking that he was an intelligent man. In the house of Hardev Singh, Sh. Mehta was already present. He told them that he had been entrusted with the duty of recording their statements for disbursement of ex gratia grant to them. He took their thumb impressions on blank papers. Ajmer Singh signed as witness. Later on, they went to the Court of the Sub Divisional Magistrate, Patti for enquiring about the mutation proceedings pending there. They learnt that Hardev Singh had got sanctioned the mutation in his favour by joining hands with the Reader to the SDM on the basis of the thumb impressions which had been procured on blank papers by him (Reader to the SDM). On the basis of this statement of Gurvinder Singh, case FIR No. 127 dated 15.11.1995 was registered at P.S. Bhikhiwind under Sections 420/467/468/471/120-B IPC.

(3.) SMT . Guro and Gurvinder Singh did not go in appeal impugning that mutation. Gurvinder Singh and his mother are anxious to take possession. In their anxiety to take possession, Gurvinder Singh tried to dispossess him (Hardev Singh) in the beginning of 1995 with the help of one Mohinder Singh and the Police. He (Hardev Singh) filed suit for injunction to thwart their design to dispossess him forcibly. That suit was decred for permanent injunction. On 18.10.1995 Gurvinder Singh got Hardev Singh picked up by the police in an attempt to wrest possession.