MASTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner seeks issuance of a direction to the respondents to register FIR against respondents No. 5 to 17 for the offences punishable under Sections 420/423/465/467/468/471 IPC read Section 3(iv) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) THE petitioner/Masta, son of Nadar, resident of Chak Sarkar Bahadur Ke, tehsil Jalalabad, district Ferozepur, alongwith 46 others formed a Harijan Co-operative Society, Palla Magha, which was duly registered in April, 1958. A copy of the registration certificate is Annexure P1. The land measuring 2031 kanals 2 marlas was allotted to the said society by the Deputy Commissioner under Rule 11 of the Nazul Land (Transfer) Rules, 1956 and its mutation was also sanctioned. It was alleged that subsequently respondents No. 6 to 17 in connivance with the Halqa Patwari tampered with the revenue records and entered their names in the Khasra-girdawari and some papers were got executed by the respondents in a fraudulent manner. The crops were standing on the land aforesaid and its possession was never handed over by the petitioner to the respondents. The petitioner approached the official respondents/authorities for registration of FIR in respect of the offences mentioned above, but no action was taken by them. Hence this petition under Section 482 Cr.P.C. was filed.

(3.) MS . Nirmaljeet Kaur, learned counsel for the petitioner argued that the pendency of the civil case was not a bar in the registration of the FIR, which was to be registered under Section 154(1) Cr.P.C., as the commission of the non-cognizable offences had been disclosed.