Dismissed

Hardev Singh v. State of Punjab and Anr.

Punjab & Haryana HC19 Nov 2015CRM-M/26495/2011

Case brief

AI extract

What is this about?

The court dismissed the petitioner's revision petition seeking quashing of an FIR alleging fraud regarding property sale and registration. Upholding trial court proceedings, the judge found no merit in the plea, noting investigation declared others innocent and observed the petitioner was intentionally delaying the trial.

What did the court decide?

Petition dismissed; proceedings before the trial court directed to continue.

Hardev Singh Vs State of Punja… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2015)

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CRM M-26495 of 2011

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM M-26495 of 2011

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Date of decision : 19.11.2015

Hardev Singh

....Petitioner

V/s

State of Punjab & anr.

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....Respondents

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BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

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Present: Mr. Rakesh Dhiman, Advocate for Mr. Virender Soni, Advocate for the petitioner.

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Mr. Ankur Jain, AAG Punjab.

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RAJAN GUPTA J.

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Petitioner has sought quashing of FIR No. 125 dated 02.04.2009 registered against him under sections 419, 420, 467, 468, 471, 506 & 120-B IPC at police station Civil Lines, Amritsar.

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FIR was lodged by the complainant namely Ram Lubhai. She stated that she sold the property in question to the accused vide sale-deed dated 23.08.2002 for a sale consideration of `1,50,000/-. However, accused Charanjit Bhatia claimed that he had later purchased the said property from accused Kuldeep Singh and his wife Sarabjit Kaur. According to complainant, her son was living in Thailand for the last fifteen years. In his absence all the accused in connivance with each other and with intention to commit fraud had forged the documents to show the sale of property. On the basis of same, they also got the sale registered.

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Plea taken before this court is that allegations leveled in the FIR are false and unbelievable. There has been a compromise

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AJAY KUMAR 2015.11.20 16:17 I attest to the accuracy and authenticity of this document

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CRM M-26495 of 2011

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between some of the accused and the complainant. Thus, FIR deserves to be quashed.

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I find no merit in this plea. In view of detailed allegations leveled by the complainant in the FIR, it cannot be said that there is no substance in the same. According to affidavit filed by Gurnam Singh, Assistant Commissioner of Police (North), Amritsar, after investigation all the accused except petitioner have been declared innocent. Challan was presented in the court against him on 06.11.2010. In the facts and circumstances of the case, I find no ground to interfere in inherent jurisdiction of this court. Instant petition has been pending in this court since the year 2011 and repeated adjournments have been sought. On the last date of hearing, it was directed that proceedings before the trial court would continue. When the case was taken up for hearing today, again request for adjournment was made on the ground that arguing counsel for the petitioner was not available. It appears that petitioner is intentionally trying to delay the matter. Petition is hereby dismissed, being devoid of merit.

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November 19, 2015 Ajay

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(RAJAN GUPTA) JUDGE

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AJAY KUMAR 2015.11.20 16:17 I attest to the accuracy and authenticity of this document

Hardev Singh v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Hardev Singh v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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