GURPAL SINGH S/O LATE SH. MEEN SINGH R/O HOUSE NO. 76, VILLAGE KISHANGARH, UT (CHANDIGARH) Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. for setting aside order dated 25.4.2011 passed by Additional Sessions Judge, Solan in Criminal Revision No. 1 -NL/10 of 2011 affirming order dated 10.11.2010 passed by Judicial Magistrate 1st Class, Court No. II, Nalagarh in Complaint No. 107/2 of 2009. The prayer has also been made to direct the trial Court to refer the complaint to the police for investigation. The facts as alleged are that petitioner had filed a complaint under Sections 420, 423, 465, 466, 467, 468 and 120 -B read with Section 34 IPC before Judicial Magistrate against respondents on the ground that Smt. Akki, mother of petitioner was owner in possession of 7 bighas and 7 biswas of land in Village Sandoli, H.B. No 199, Pargana Dharampura, Tehsil Nalagarh.

(2.) THE respondent No. 4 Dwarki Devi in connivance with one Diwan Chand, Mangal and others prepared a false, forged and fabricated gift deed of the land of Smt. Akki and grabbed the land on the force of gift deed. FIR No. 102 dated 29.6.2008 under Sections 420, 467, 468, 471 and 120 -B IPC has been registered at Police Station, Baddi. The petitioner has also challenged gift deed in Civil Suit.

(3.) THE petitioner obtained certified copy of the aforesaid mutations, he came to know that respondents have committed another forgery by tampering mutations No. 656 and 802 with ulterior motive and to hush up the previous forgery. The respondent No. 1 in connivance with respondents No. 3 to 10 took the permission of respondent No. 2 on 17.9.2008, who knew all facts, for reviewing the mutations by admitting that at the time of alleged exchange Bhagwan Dass had died and signatures of Numberdar were not obtained. The respondents instead of cancelling the mutations No. 656 and 802 tried to make illegal mutations legal. The petitioners approached the Police Station, Baddi to lodge FIR but the police refused to lodge FIR. On this, the petitioner filed complaint under Sections 420, 423, 465, 466, 467, 468 and 120 -B read with Section 34 IPC and application was filed to send the complaint to SHO, Police Station, Baddi for registration of the case and investigation.