Raj Kumar Vs State of Punjab and Ors.

Present petition has been filed by the petitioner, for cancellation of the anticipatory bail, already granted to respondent Nos.2 and 3, vide order dated 16.12.2024 (Annexure P-4), by learned Additional Sessions Judge, Ferozepur, in case, FIR No.413 dated 23.11.2024, under sections 420, 465, 467, 468, 471, 120-B of IPC, registered at Police Station City Ferozepur, District Ferozepur.

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Complainant, namely Raj Kumar and Ashwani Kumar, claiming rights through their attorneys, Shimla Rani and Manohar Lal Khanna, submitted a complaint dated 07.12.2021, alleging that three shops originally belonging to their grandfather, Tara Chand alias Tara Singh, were mutated only in favour of the male legal heirs, namely Om Parkash, Mohinder Pal and Manohar Lal, despite the fact that Tara Chand

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LAVISHA 2026.07.14 14:34 I attest to the accuracy and integrity of this document PHHC, Chandigarh

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CRM-M-4702-2025

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had six legal heirs, including his three daughters, namely Chanchal Rani, Shimla Rani and Bimla Rani.

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It is alleged that, earlier, Om Parkash along with his legal heirs had sold one of the shops to Gyan Chand, to which no objection was ever raised. However, respondent Nos.2 and 3 subsequently sold the shop falling to their share to purchasers, namely Pawanjit Singh and Anoop Singh, after obtaining a No Objection Certificate (NOC) from Municipal Council, Ferozepur.

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Allegation against respondent Nos.2 and 3 is that they procured the said NOC by playing fraud upon the Municipal Council, Ferozepur, by relying upon a succession certificate relating to their father, Juj Pal alias Judge Pal, while deliberately concealing the fact that, apart from their father, his three sisters, namely Chanchal Rani, Shimla Rani and Bimla Rani, were also legal heirs and had an equal share in the property.

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It is an admitted position that a civil suit has already been instituted at the instance of one of the co-successors, namely Shimla Rani, and the said suit is still pending adjudication.

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From the facts noticed in the impugned order dated 05.12.2024 passsed by learned Additional Sessions Judge, Ferozepur, it prima facie emerges that property originally stood in the name of Tara Chand alias Tara Singh, who is the common ancestor of the parties, except the subsequent purchasers of the shop. The respective rights, title and shares of the legal heirs in the property are matters that require adjudication by the competent Civil Court in the pending civil suit.

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LAVISHA 2026.07.14 14:34 I attest to the accuracy and integrity of this document PHHC, Chandigarh

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Allegations are primarily required to be established on the basis of documentary evidence, which is already available in the official records. Respondent Nos.2 and 3 have admittedly joined the investigation, in compliance with the order dated 05.12.2024, which was subsequently confirmed by learned Additional Sessions Judge, Ferozepur, vide order dated 16.12.2024. Moreover, there is no allegation that they have misused the concession of anticipatory bail or failed to cooperate with the investigation.

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This Court is not exercising appellate jurisdiction over the order granting anticipatory bail, nor present petition disclosed any supervening circumstances, warranting cancellation of the concession already granted by the Court below. In the absence of any material indicating misuse of liberty or interference with the investigation, no ground is made out to interfere with the impugned order dated 16.12.2024 (Annexure P-4).

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Accordingly, finding no merit in the present petition, same is hereby dismissed.

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(SANJAY VASHISTH) 14.07.2026 JUDGE Lavisha

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Whether speaking/reasoned Yes/No Whether reportable Yes/No

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LAVISHA 2026.07.14 14:34 I attest to the accuracy and integrity of this document PHHC, Chandigarh

Raj Kumar v. State of Punjab and Ors.

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Raj Kumar v. State of Punjab and Ors.

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