RAJ KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner by way of present petition under Sec. 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India seeks quashing of FIR No. 241 of 2016 dtd. 21/9/2016 registered at Police Station, Sadar, District Mandi, H.P. under Ss. 420, 465, 467 and 471 IPC and consequent proceedings arising out of the aforesaid FIR pending in the Court of learned Judicial Magistrate 1 st Class, Court No.4, District Mandi, H.P. on the ground that no offence has been made out.

(2.) Brief facts giving rise to the present petition are that one Nirmal Singh S/o Sh. Tara Singh got registered FIR No. 241 of 2016 on 21/9/2016 with the Police Station, Sadar, District Mandi, H.P. under Ss. 420, 465, 467 and 471 IPC. The allegations therein pertained against his brother Jaswant Singh, who is alleged to have executed one Special Power of Attorney/ Sale Deed on 3/5/2000 by committing fraud and by preparing a false, vexatious document i.e. Special Power of Attorney/Sale Deed No. 538 which was registered in the office of Sub Registrar, Mandi by impersonating their father-in-law as one late Sh.Amar Singh, who had died 10 years earlier to the date of the execution of the said document.

(3.) During the course of investigation, it came to fore that it was the petitioner, who is an Advocate, who in fact had identified Amar Singh before the Sub Registrar, District Mandi, when the Sale Deed/Special Power of Attorney were executed. On the basis of such allegation, the petitioner was booked under Ss. 420, 465, 467 and 471 IPC.