AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this common judgment, I shall dispose of Criminal Revision Nos. 265 of 1995, 266 of 1995 and 267 of 1995 filed by Ajit Singh against the State of Punjab as all the revision petitions are based on identical facts.

(2.) ON 30.7.1991 petitioner Ajit Singh Dhillon presented a power of attorney allegedly executed by Amar Aulakh dated 7.10.1990 in the court of Deputy Collector, Canal Department, Abohar. A copy of the same had been given to Iqbal Singh Aulakh complainant. On examination of the same, he found that signatures of the witnesses appeared to be forged. He got it compared and made a report to the Senior Superintendent of Police, Ferozepur. On the basis of that report, an FIR was recorded with respect to the offences punishable under Sections 420/465/467/468 and 471 IPC. The challan was presented before the learned Judicial Magistrate. Arguments were addressed as to if charge has to be framed or not. The learned Judicial Magistrate held that under Section 85 of the Indian Evidence Act, it is to be presumed that the power of attorney executed before and authenticated by the Notary Public was so executed and authenticated. Reference was made to the letter written by Inderjit Singh Aulakh who resides in United States of America against the complainant. He had allegedly written that complainant is a violent man and is harassing him and that he had executed the power of attorney in favour of the petitioner. The learned trial court further held that the two witnesses who are alleged to have signed the power of attorney have not been examined. Accordingly, the petitioner was discharged with respect to the above said offences.

(3.) AGGRIEVED by the same, the present revision petition has been filed.