Dismissed

Sher Singh v. State of Haryana and Anr.

Punjab & Haryana HC16 Oct 2012CRM-M/26296/2012

Case brief

AI extract

What is this about?

This criminal revision petition filed to quash an FIR was dismissed as filed by an imposter. The court held that the petition was signed by someone other than the outstation petitioner, ordering police investigation and imposing costs on the petitioner.

What did the court decide?

Petition dismissed; police investigation directed to find imposter; costs of ₹1 lac directed to be realized from petitioner.

Sher Singh Vs State of Haryana and Anr. — Quashing and FIR | Punjab & Haryana HC (2012)

¶1

CRM No.M-26296 of 2012 -1-

¶2

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶3

CRM No.M-26296 of 2012 (O&M)

¶4

Date of decision : 16.10.2012

Sher Singh

...Petitioners

Versus

State of Haryana and another

¶9

...Respondents

¶10

CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN

¶11

Present: Mr. S.M. Sharma, Advocate, for the petitioner.

¶12

Mr. Rudraneel Bhardwaj, AAG, Haryana.

¶13

None for respondent No.2.

¶14

JITENDRA CHAUHAN, J. (Oral)

¶15

The present petition under Section 482 of the Code of Criminal Procedure, has been filed, inter alia, praying for quashing of FIR No.28, dated 27.03.2003 (Annexure P-1) under Sections 406, 420 IPC, registered at Police Station Ambala Sadar, District Ambala, on the basis of compromise/affidavit dated 02.07.2012 (Annexure P-4).

¶16

On 5.10.2012, this Court passed the following order:-

¶17

“ Present: Mr. SM Sharma, Advocate for the

¶18

petitioner

¶19

Mr.Rudraneel Bhardwaj, AAG, Haryana

¶20

CRM No.M-26296 of 2012 -2-

¶21

Mr.BR Rana, Advocate for respondent No.2.

¶22

¶23

Complainant Raghubir Singh, duly identified by his advocate, is present in person.

¶24

On instruction from ASI Atma Singh, the learned State counsel informs that the petitioner had been declared Proclaimed Offender by the Additional Chief Judicial Magistrate, Ambala vide order dated 16.7.2004. He further refers to the statement of Sarpanch of the village recorded by the police and submits that the petitioner has not visited the village for the last about 8-9 years, as he is residing abroad. However, perusal of the file shows that in fact, the power of attorney and the affidavit attached with the petition have allegedly been signed by the petitioner on 18.8.2012. The circumstances suggest that the signatory of the power of attorney as well as the affidavit impersonated himself as petitioner Sher Singh with intention to mislead this Court.

¶25

Adjourned to 16.10.2012.

¶26

SHO, Police Station Ambala Sadar is directed to investigate the matter and find out the person, who by impersonating himself as Sher Singh, signed the power of attorney and sworn an affidavit on 18.8.2012, duly notarised by the Notary Public, Ambala City, Annexure P-4.

¶27

Photocopy of the paper book and the order be supplied to the learned State counsel under the signature of the Special Secretary of this Court, for necessary compliance thereof. ”

¶28

CRM No.M-26296 of 2012 -3-

¶29

In pursuance of the order dated 5.10.2012, an enquiry report conducted by SI Ajaib Singh, SHO, P.S. Sadar, Ambala, dated 16.10.2012, has been filed. It has been stated in the report that as per the investigation carried out uptill now, it has come out that only Jarnail Singh son of Sarup Singh, who identified Sher Singh-deponent, being his brother, is in position to disclose the truth about the person who impersonated for him. It has further been stated that the investigation could not be completed for want of statement of Jarnail Singh, who is the only person who can disclose the real facts.

¶30

In view of the facts and circumstances of the present case, the instant petition is dismissed with cost of `1.00 lac, to be realized from the petitioner-Sher Singh.

¶31

The Police authorities are directed to proceed in the matter

¶32

in accordance with law.

¶33

16.10.2012

¶34

atulsethi

¶35

(JITENDRA CHAUHAN) JUDGE

¶36

Note : Whether to be referred to reporter ? Yes / No

Sher Singh v. State of Haryana and Anr.

Case brief

What is this about?

What did the court decide?

Sher Singh v. State of Haryana and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dharminder Singh and Ors. Vs State of Punjab and Ors.

Gulshan Kumar Toni & Anr. Vs Kuldip Singh Ghai & Ors.

Hardayal Singh Vs State of Punjab

Gurmangat Singh Vs State of Pb.Etc.

Rupinder Singh @ Ruby & Ors. Vs State of Punjab and Anr.

Lakha Singh Vs State of Punjab