SUKHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of Cri. Misc. No. 57526 of 2005 and Cri Misc. No. 60228 of 2006, filed under Section 407 of the Code of Criminal Procedure for transfer of the cases.

(2.) Cri. Misc. No. 57526 of 2005 has been filed by Sukhbir Singh (accused) for transfer of a complaint dated 12-10-1999, titled as Darshan Singh v. Sukhbir Singh and others, pending in the Court of Additional Chief Judicial Magistrate, Ropar, to the Court of Judicial Magistrate 1st Class, Samrala, District Ludhiana. Cri. Misc. No. 60228 of 2006 has been filed by Darshan Singh for transfer of FIR No. 40 dated 22-5-1998 under Sections 420, 467, 468, 471, 120-B, I. P.C., registered at Police Station Samrala and a criminal complaint dated 8-10-1999, titled as Darshan Singh v. Sukhbir Singh and others, pending in the Court of Sub-Divisional Judicial Magistrate, Samrala to the Court of Additional Chief Judicial Magistrate, Ropar.

(3.) In this case, Darshan Singh (hereinafter referred to as 'complainant'), who allege himself to be 70 years old, is owner of certain lands situated in villages Fatehgarh, Arnauli, Innaur, Sub-Tehsil Morinda, District Ropar. As per his allegations, his wife Smt. Mukhtiar Kaur, in connivance with her sister's son Sukhbir Singh (hereinafter referred to as 'the accused') hatched a criminal conspiracy to cheat and deprive him of his valuable land. In this regard, it has been alleged that in pursuance of the said conspiracy, a forged and fabricated power of attorney of the complainant was got executed and registered on 9-1-1998 at Samrala, District Ludhiana. On the basis of this power of attorney, accused Sukhbir Singh and others in connivance with Smt. Mukhtiar Kaur got transferred 22-23 acres of land belonging to the complainant vide a registered sale deed dated 26-3-1999 at Morinda, District Ropar. When complainant came to know about the forged power of attorney dated 9-1 -1998, he got registered FIR No. 40 dated 22-5-1998 at Police Station Samrala under Sections 420, 467, 468, 471, 120B, I. P. C., against his wife Mukhtiar Kaur and her nephew Sukhbir Singh accused and others.