CHANAN SINGH Vs. HARI SINGH

JUDGEMENT

(1.) Prayer made in the petition is for setting aside the order dtd. 16/12/2014 (Annexure P-4) passed by the Revisional Court vide which the order dtd. 14/3/2014 passed by the trial Court allowing the application under Sec. 319 Cr.P.C. summoning respondent No.1 as additional accused was set aside in case FIR No.25 dtd. 3/4/2008 under Ss. 419, 420, 465, 467, 468 and 471/34 IPC registered at Police Station Kathgarh, District SBS Nagar.

(2.) Brief facts of the case are that the petitioner/complainant got the aforementioned FIR registered with the allegation that respondent No.1-Hari Singh was posted as a Patwari of the village and he, in conspiracy with the other accused persons, had entered the mutation of two forged Will dated 13.4.21985 and 15/4/1991 regarding the property of Rumal Devi and Jagir Singh. Thereafter, mutation Nos.6294 and 6295 was sanctioned in favour of the beneficiaries of the Will, namely, Jagroop Singh and Bhagwan Singh. Thereafter, the police investigated the matter and submitted the challan against the accused persons, Jagroop, Bhagwan Singh and Nisha Ram and kept the petitioner Hari Singh along with Mohinder Singh, Kanungo and Rajiv Paul, Tehsildar in column No.2. Thereafter, the charge were framed after the prosecution led some evidence an application was moved under Sec. 319 Cr.P.C. based on the statement of PW9 Dharam Pal, Office Kanungo to summon the petitioner and aforesaid Mohinder Singh and Rajiv Paul as additional accused. The said application was allowed vide order dtd. 14/5/2013. Thereafter, Hari Singh preferred the revision before the revisional Court which was allowed vide order dtd. 23/1/2014 and the case was remanded back to the trial Court to decide the application under Sec. 319 Cr.P.C. afresh.

(3.) The trial Court vide impugned order dtd. 14/3/2014 again allowed the application observing that PW9 Dharam Pal, Office Kanungo has stated that the disputed mutation Nos. 6294 (Ex.PW9/A) and 6295 (Ex.PW9/B) were sanctioned by Rajiv Paul, Tehsildar on the verification of Mohinder Singh, Kanungo and on the entry made by petitioner-Hari Singh, Patwari and, therefore, there are sufficient grounds to summon them. Hari Singh, Patwari again filed a revision before the Court of Sessions which was allowed vide impugned order dtd. 16/12/2014. The operative part of the said order reads as under :-