AMAR KAUR Vs. DEVINDER SINGH AND OTHERS

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dated 31.05.2014 passed by the trial Court, vide which the respondents-accused were discharged in complaint case No.22 dated 30.03.2006 titled as Amar Kaur Vs. Devinder Singh and others, filed under Sections 420, 421, 423, 424, 427, 465, 467, 468 of the Indian Penal Code (for short 'IPC') read with Section 120-B IPC, at Police Station Sirhind.

(2.) Brief facts of the case are that the petitioner filed a complaint against the respondents with the allegations that she is joint owner of land comprising in khewat/khatoni No.7/31, khasra Nos.7//8 (5-1), 12 (4-16), 13 (9-14), 17 (5-10), 18 (9-8), (24 (9-10), measuring 43 kanals 19 marlas, situated at Village Alipur Sodhian, Tehsil and District Fatehgarh Sahib. It is further alleged in the complaint that accused No.1 Devinder Singh had filed an application for partition of the joint land comprised in khewat No.5 and the said application was decided on 26.07.2005 and a Sanad Taqseem by way of partition of the land was prepared by accused No.14 Gurmander Singh, Tehsildar, Fatehgarh Sahib. It is further stated that in fact the khasra numbers of khewat No.7, as detailed above, were not mentioned in Sanad Taqseem i.e. the order of partition dated 26.07.2005, as accused No.14 Gurmander Singh Tehsildar had forged Map 'A' with the help of accused No.15 and 16, who are Kanungos, by including the land comprised in khewat No.7, as detailed above, though the same was subject matter of the partition application filed by her. It is further stated that the conspiracy between accused in preparation of documents came to the notice of the petitioner, when she filed an application for partition regarding khewat No.7 that the respondents have wrongly included the same in the partition proceedings of khewat No.5 and despite having moved a complaint to the police, no action was taken.

(3.) In preliminary evidence, the petitioner herself appeared as CW1 and produced the documents as Ex.P1 to Ex.P8 and the trial Court, vide order dated 17.07.2007, summoned the accused persons for commission of offence under Sections 420, 467, 468 IPC read with Section 120-B IPC on the basis of preliminary evidenced led by the petitioner.