ASSA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common order, I shall dispose of above-titled four petitions i.e. CRM-M-18819 of 2015 and CRM-M-39327 of 2017 filed by accused Assa Singh for quashing FIR No.249 dtd. 11/12/2012 registered under Ss. 409, 420, 465, 467, 468, 471, 120-B IPC at Police Station Sadar Ferozepur, District Ferozepur, and order dtd. 9/8/2017 passed by Director General of Police, Punjab, whereby further enquiry in the aforesaid FIR has been entrusted to Inspector General of Police, Bathinda Range, Bathinda; CRM-M-44237 of 2014 by accused Gurmeet Kaur for quashing the aforesaid FIR and issuance of direction to the official respondents to file cancellation report in the FIR in question and CRM-M-13957 of 2017 by Harjinder Singh, a public spirited person being a vigilant citizen of this country, to protect Government property, which was being tried to be usurped illegally by Assa Singh in connivance with Government officials.

(2.) Briefly, petitioner Assa Singh moved an application to enter his ownership with regard to the land owned by Central Government situated in District Ferozepur, by correction in the revenue record, which was not entertained for one reasons or the other by the revenue authorities. Therefore, Assa Singh approached this Court by way of CWP No.2591 of 2012, seeking direction to revenue authorities to make necessary correction in the revenue record in his favour, which was disposed of vide order dtd. 13/2/2012, directing the revenue authorities to decide the application of petitioner Assa Singh dtd. 17/2/2011, which, on enquiry, was dismissed on the ground that on the basis of some forged documents and tampering with the revenue record, petitioner Assa Singh wanted to get entered farad badar in his favour to usurp Government land worth crores of rupees. When this fact came to the notice of the District Magistrate, Ferozepur, he directed the Sub Divisional Magistrate, Ferozepur, to enquire into the matter, who vide his enquiry report dtd. 12/4/2012 reported that documents on the basis of which petitioner Assa Singh wanted to get entered his ownership over the Central Government land were forged and fictitious. On receiving the said report from SDM, District Magistrate, directed the concerned Tehsildar to take possession back from petitioner Assa Singh, to which he laid challenge before this Court by way of CWP No.2591 of 2012 titled as "Assa Singh v. State of Punjab and others", finally dismissed on 7/3/2017. Simultaneously, District Magistrate, Ferozepur, ordered for registration of FIR against petitioner Assa Singh. During investigation, petitioner Assa Singh moved application for re-investigation of the matter. Consequently, on his request, SP (HQ), Ferozepur, conducted enquiry and exonerated him.

(3.) Petitioner Harjinder Singh being aggrieved person from the enquiry of SP(HQ), Ferozepur, immediately approached this Court by way of CRM-M-39925 of 2014 and CRM-M-7820 of 2015, seeking further investigation by constituting Special Investigating Team. During the pendency of the above petitions, SP (HQ), Ferozepur on 20.02.2015constituted SIT, who found petitioner Assa Singh guilty of committing fraud and cheating to usurp the Government land on the basis of forged and fabricated papers (Annexure P-7 with CRM-M-13957 of 2017). To scuttle the said investigation, petitioner Assa Singh moved application before Director General of Police, Punjab, for re-investigation of the matter, who forwarded the application to DIG, who further ordered for re-enquiry by the police outside District Ferozepur. Consequently, enquiry was conducted by S.P. Ferozepur, who gave report (Annexure P-12 in CRM-M-39327 of 2017) in favour of Assa Singh.