Dismissed

Parvinder Singh v. State of Haryana

Punjab & Haryana HC4 Feb 2013CRM-M/3619/2013

Case brief

AI extract

What is this about?

In a criminal miscellaneous application for pre-arrest bail, the Court held that a second FIR was valid as it concerned a distinct victim who suffered independent fraud. The specific allegations forming a clear case resulted in the dismissal of the bail petition.

What did the court decide?

The application for pre-arrest bail is dismissed; the petitioner is not entitled to anticipatory bail.

Parvinder Singh Vs State of Haryana — Cheating and Forgery | Punjab & Haryana HC (2013)

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Crl. Misc. No. M- 3619 of 2013

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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Crl. Misc. No. M- 3619 of 2013 Date of decision. 04.02.2013

Parvinder Singh

....... Petitioner

Versus

The State of Haryana

........ Respondent

CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK

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Present:Mr. Johan Kumar,Advocate for the petitioner.

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VIJENDER SINGH MALIK, J.

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Crl. Misc. No.6881 of 2013

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Miscellaneous application is allowed as prayed for.

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Crl. Misc. No.M-3619 of 2013

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Parvinder Singh, the petitioner has sought pre-arrest bail in a case registered by way of FIR No. 14 dated 11.01.2013 at Police Station Suraj Kund, District Faridabad, for an offence punishable under sections 419, 420, 467, 468, 471 and 120-B IPC.

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Crl. Misc. No. M- 3619 of 2013 ----2--

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Learned counsel for the petitioner has contended that some property of Harbans Kaur was sold to Aslam Khan and some to Simi Mahajan. According to him, regarding the said transaction, FIR No. 358 dated 09.10.2012 had already been registered at Police Station Suraj Kund, District Faridabad. According to him, the second FIR regarding the same incident is not maintainable. He has cited before me a decision of Hon'ble Supreme Court of India in T.T. Antony v. State of Kerala, 2001(3) RCR (Criminal) 436 . It is a case where one information was received by the police station and it was entered in the Station House Diary. It has been held that the information first entered in Station House Diary is the FIR as contemplated by section 154 Cr.P.C. and any other information received during investigation will fall under section 162 Cr.P.C. and can not be registered as FIR.

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Harbans Kaur had been owner of the land. The petitioner had a power of attorney in respect of the land of Harbans Kaur from some other woman, who eventually was also Harbans Kaur and on the strength of that power of attorney, the petitioner sold some portion of the land to Aslam Khan and a bigger portion of the same to Simi Mahajan. The said transactions are independent and separate from each other. If Aslam Khan, who has been cheated in the

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Crl. Misc. No. M- 3619 of 2013 ----3--

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aforesaid manner lodged an FIR, it cannot prevent lodging of FIR by Simi Mahajan or on her behalf. FIR No. 14 dated 11.01.2013 has been got registered by Rohit Mahajan, the husband of Simi Mahajan for cheating and forgery committed qua Simi Mahajan and in my opinion, this second FIR is not barred by the ratio of T.T. Antony's case supra .

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The allegations against the petitioner are quite specific, which make out a clear case against him requiring his custodial interrogation. In these circumstances, the petitioner is not entitled to the relief of anticipatory bail. Hence, the petition is dismissed.

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February 04, 2013 (VIJENDER SINGH MALIK) dinesh JUDGE

Parvinder Singh v. State of Haryana

Case brief

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Parvinder Singh v. State of Haryana

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