HARMANOHAR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The two Petitions have been filed by Harmanohar Singh- (petitioner in Criminal Misc. No.M-13494 of 2008) and Gurinder Singh- (petitioner in Criminal Misc. No.M-20793 of 2008) for quashing of the order dated dated 14.12.2007 of the learned Additional Sessions Judge, Ropar confirming the order dated 9.5.2006 granted by the learned Trial Magistrate directing frmaing of charge under Sections 420, 465, 467, 468, 471 and 120-B IPC against the petitioner and certain none petitioners. The petitioner-Harmanohar Singh is in employment of the State and posted as Qanungo at the relevant point of time; while petitioner- Gurinder Singh was posted as Patwari. They shall be hereinafter referred to as Qanungo and Patwari respectively.

(2.) The facts as apparent from the material obtaining on the file are as under:- Jaswant Singh, first informant, had filed a civil suit against Ajmer Kaur widow of Joginder Singn in order to obtain 1/16th share of the land in suit. That suit was decreed by the Court of the then learned Sub Judge, Kharar, vide judgment and decree dated 21.4.1994. Ajmer Singh father of Harmail Singh, Jarnail Singh and Baljinder Singh, who was party to that suit died on 22.1.1995. A mutation of inheritance was sanctioned in favour of his legal heirs. That mutation was got illegally sanctioned by the legal representatives, giving out therein as if Ajmer Singh (their predecessor-in-interest) had 1/4th share in that land. Infact, the share held by Ajmer Singh therein was to the extent of 1/16th. In the meantime that land was acquired by the Punjab Government for extension of Urban Estate at Mohali vide award No.448 dated 22.2.1995. On the incorrect premise of Ajmer Singh having 1/4th share in that land his legal representatives obtained a higher amount of compensation.

(3.) The petitioners are being prosecuted by the Police of Police Station, Sohana in case FIR (No.76 dated 29.7.2000 under Sections 420, 465, 467, 468, 471 and 120-B IPC. The allegations that they were party to the conspiracy vide which legal representatives of Ajmer Singh were able to obtain larger amount of compensation as against their lessor entitlement.