SADHU RAM AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have brought this petition under Sec. 482 of the Code of Criminal Procedure for quashing of FIR No. 275 dated 28.6.2007 registered under Ss. 420, 465, 467, 468, 471, 120B, 109, 504 and 506 of the Indian Penal Code at Police Station, Civil Lines, Karnal, and all consequential proceedings arising therefrom.

(2.) Without going into details, suffice it to say that there is a landed -property of 86 Kanals 11 Marlas in the name of Dera Nirankarian (a religious institution) (hereinafter referred to as ''the Dera '') situated in village Kirmach, earlier falling within the jurisdiction of District Karnal and now after the issuance of notification by the State of Haryana, dated 17.10.1989, within the jurisdiction of District Kurukshetra...

(3.) Sadhu Ram, petitioner No. 1, got executed a registered Will in his name in respect of the aforesaid land of the Dera by playing fraud upon the Mahant of the Dera in the year 1977. Thereafter, on 6.9.1989, Sadhu Ram further transferred this land through a civil court decree in favour of his sons i.e. petitioners No. 2 and 3. With this aforesaid act of getting the land of the Dera transferred fraudulently in the name of individuals (petitioners), the members of Dera Nirankariayan Mandir Sudhar Sabha, Kirmach, (hereinafter referred to as ''Mandir Sabha '') had protested against the petitioners. Ultimately, a criminal complaint was filed against the petitioners in the court of Judicial Magistrate Ist Class at Kurukshetra for commission of offence punishable under Ss. 420, 465, 467, 468, 471, 120B, 109, 504, 506 and 34 IPC by the Mandir Sabha, through Ronki Ram and Faggu Ram, its President and Member respectively. After that, the said complaint was sent to the Police Station, Kurukshetra under Sec. 156(3) Cr.P.C. for investigation and thereupon FIR No. 29 dated 8.2.2007 was registered under Ss. 420, 465, 467, 468, 471, 120B, 109, 504, 506 and 34 of the Indian Penal Code The Incharge of Police Station, Kurukshetra, after making his investigation, submitted his report dated 28.4.2007 for cancellation of the aforesaid case. However, Superintendent of Police, Kurukshetra, did not agree with the aforesaid report of the Investigating Officer. He then referred the matter to be investigated by the Deputy Superintendent of Police, and on receipt of the report of Deputy Superintendent of Police, came to the conclusion, vide his report, dated 21.6.2007, that there is a force in the allegations levelled by the executive members of the Mandir Sabha. The Superintendent of Police, Kurukshetra further opined, in his aforesaid report, that since the criminal...acts constituting the offence punishable under Ss. 420, 465, 467, 468, 471, 120B, 109, 504, 506, 34 IPC were committed in the years 1977 and 1989, within the jurisdiction of the then District Karnal, therefore, a case should be got registered there at Karnal only. In his aforesaid report, dated 21.6.2006, the Superintendent of Police, Kurukshetra also made clear to the Superintendent of Police, Karnal, that the alleged forged Will pertaining to the landed property of the Dera was executed at Karnal and the decree dated 6.9.1989 was also passed by the Civil Court at Karnal. Therefore, the criminal case against the petitioners should be registered at Karnal. Thereupon, the present case bearing FIR No. 275 dated 28.6.2007 has been registered under Ss. 420, 465, 467, 468, 471, 120B, 109, 504, 506 of the Indian Penal Code at Police Station Karnal and now the investigation is still at an initial stage.