SARABJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner prays for quashing of FIR No.31 dated 27.02.2008 registered for offence punishable under Sections 420 and 120-B of the Indian Penal Code (in short 'IPC') at Police Station Sidhwan Bet, District Ludhiana (Rural) (Annexure P1) and the final report filed under section 173 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') along with subsequent proceedings arising therefrom.

(2.) It is submitted on behalf of the petitioner that as per the allegations in the FIR (Annexure P1), the petitioner - Sarabjit Singh is one of the attesting witness to a sale deed executed by Pal Singh @ Harpal Singh, who is father and General Power of Attorney holder (in short 'GPA') of respondent No.3/complainant Balwinder Singh Bassi. Learned Senior Counsel for the petitioner has submitted that initially a complaint was sent to Naib Tehsildar for cancellation of registration of the sale deed dated 30.01.2008 executed by Pal Singh @ Harpal Singh, father of respondent No.3/complainant. It is alleged in this complaint that the complainant has sent an information to Sub-Registrar on 17.01.2017 that he has cancelled the GPA on 17.01.2007 and, therefore, his father - Pal Singh @ Harpal Singh was not competent to alienate the land owned by respondent No.3/complainant - Balwinder Singh Bassi. It is also submitted that he has also informed his father about cancellation of GPA. On the complaint of Naib Tehsildar, which is based on a complaint given by respondent No.3, the FIR was registered and later on, an opinion was sought from the District Attorney, who opined that a case be registered against Pal Singh @ Harpal Singh. Accordingly, the FIR (Annexure P1) was initially registered against Pal Singh @ Harpal Singh, the father of respondent No.3/complainant. Thereafter, the police investigated the matter and involved the petitioner as one of the co-accused being an attesting witness of sale deed dated 30.01.2008. The operative part of the report dated 25.12.2010 filed under Section 173 Cr.P.C., 1973 (Annexure P6) is reproduced as under :-

(3.) The present petition was filed in the year 2012 and vide order dated 24.02.2012, framing of charge qua the petitioner was stayed by this Court. Since then, the present petition is pending and in the intervening period, vide order dated 20.02.2015, it was noticed that one enquiry has been conducted by the police and the said report dated 09.04.2017 was placed on record by the respondent - State along with an additional affidavit.