SHIV RAM SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioners have filed the present petition for quashing of FIR No.162/2017, dtd. 11/11/2017, registered against the petitioners for the commission of offences punishable under Sec. 420, 467, 468, 471, 506, and 120B of IPC read with Sec. 3(1)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act (in short 'the Act') at Police Station, Bhuntar.

(2.) Briefly stated, the facts giving rise to the present petition are that the informant-Gurdas Ram made a complaint to the police, stating that he had purchased land bearing Khasra No.4377 from Surender Kumar in the year 1992 to the extent of 1 Bigha 11 Biswa and Devinder Kumar was left with 11 Biswa of land after the sale. Devinder and Surender Kumar partitioned the land.

(3.) The police registered the FIR and conducted the investigation. It was found during the investigation that the informant had purchased 1-11 bighas of land out of 2-13 bighas of land. Surender Sharma and Devinder exchanged the land measuring 16 Biswa and the informant found this fact at the time of acquisition of the land. Compensation of Rs.67,50,536.89 was assessed for acquisition of the land, out of which Devinder was paid Rs.37,14,918.10, Ram Kali was paid Rs.5,62,544.74, Dharmdass was paid Rs.19,10,529.31 and informant was paid Rs.5,62,544.74. The police obtained the record and found that the share of Surender Kumar was shown as Bila Baya (not sold) which should have been shown as Baya (sold). The entry in the Jamabandi for 2003-04 was wrongly recorded. The signatures of all the co-sharers were not obtained at the time of the family partition. It was found that Patwari-Nimat Ram and Tehsildar Shiv Ram Sharma had attested Mutation No.8316 dtd. 29/9/2007 without any intimation to any person. The Revenue Officials had prepared the wrong record and used it to deprive the informant of his land. The specimen signature, admitted signatures, and questioned documents were sent to RFSL, Dharmshala and the report shows that the disputed signatures on the questioned documents were put by Nimat Ram, Patwari, Surender Kumar, Devinder Kumar, Gambhir Singh, Kanugo and Shiv Ram, Tehsildar.