SUKHWINDER SINGH SANDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed for quashing of the FIR No.104 dtd. 30/10/2013 under Ss. 419, 420, 465, 466, 471, 120-B of the Indian Penal Code (for short 'IPC') (Sec. 467 added later on), registered at Police Station Qila Lal Singh.

(2.) nephew Varinderpal Singh and by verifying his identity as Varinderpal Singh and by keeping influence over Patwari Dalbir Singh, got forged signatures of Varinderpal Singh in his roznamcha and Chowkidar Harbans Singh put his thumb impression. Thus, Sukhwinder Singh got transferred the girdawaris of village Ahmadabad, which is in the name of Varinderpal Singh, in favour of his brother Surinder Singh, who is father of Varinder Singh. As girdawaris are in the name of Surinder Singh, Nambardar Sukhwinder Singh got stay order by giving detail of the land as joint holding with Surender Singh and he got benefit of it. Therefore, it is recommended to take legal action against Sukhwinder Singh Nambardar and Chowkidar Harbans Singh alias Bhai Manna, residents of Gokhuwal and fake person, who impersonated Varinderpal Singh after taking opinion from ADA(L) Batala. Sd/- Hari Sharan Sharma, Deputy Superintendent of Police (D) Batala. ADA/L to discas. Sd/- SSP Batala 2/10/2013. Sir from the perusal of findings of enquiry report I am of the opinion that a prima facie case under Ss. 419, 420, 465, 471 read with Sec. 120-B of IPC is made out against indicated persons. Sd/- ADA/L BTL 30/10/2013 W/SSP Pls. SHO, Q Lal Singh to register the case and investigation. Sd/- SSP Batala dtd. 30/10/2013. Today at police station: at this time, after receiving abovesaid complaint No. 104-13 and inquiry report in the police station through post, abovesaid case has been registered. Original complaint alongwith inquiry report total page 81 alongwith copy of FIR are handed over to ASI Balraj Singh for investigation. Control room be informed through wireless. Complete rapat No.28 at 7.10 p.m." Learned counsel for the petitioner has argued that the petitioner has not put his signatures anywhere in the proceedings whereby the Khasra Girdawari was changed from the name of the complainant to the name of the father of the complainant. It is further contended that the documents.

(3.) show that the signatures in the said proceedings, which are alleged to be the signatures of the present petitioner, are in Punjabi, whereas, the petitioner has never put signature in Punjabi. He puts his signature only in english language. Counsel has further argued that there is no reason or occasion for the petitioner to be involved in the process of change of khasra girdawari; or for the purpose of identification of the person who has impersonated the complainant in the proceeding, because the petitioner is the 'Numberdar' of village Gokhuwal whereas the land, regarding which the present proceedings have been initiated, is situated at village Ahmedabad. It is further contended by the counsel that, otherwise also the petitioner could not have drawn any benefit out of the change of khasra girdawari from the name of the complainant to the name of his father. It is further contended that during the pendency of the proceedings before this Court, the sample signatures of the petitioner were ordered to be taken by Investigating Officer and were sent to FSL for comparison with the disputed signatures. However, the FSL has not given any definite opinion. Therefore, the sample signatures and disputed signatures have, once again, been sent to the FSL for comparison. However, the report of the FSL has not come so far. It is further contended by the counsel that after the Khasra Girdawari was changed in the name of the father of the complainant, some settlement had taken place between the complainant and his father. According to that settlement, the land in dispute has finally been transferred in the name of wife of the complainant, who has got registered sale deed in her favour. Therefore, it is contended that cause of action also does not survive. Hence, it is argued that the FIR should be quashed, being misuse of the process of the Court.