Delhi District Court
Mrs. Amrit Brar vs State on 3 June, 2017
IN THE COURT OF MS. ASHA MENON,
DISTRICT & SESSIONS JUDGE : SOUTH DISTRICT
SAKET COURT, NEW DELHI
CIS - Cr Rev. 81162016
CNR DLST01001167 2015
Mrs. Amrit Brar
W/o Sh. Tejpreet Singh
R/o Village Abdul Khurana, PS Lambi
Distt. Muktsar, Punjab ........Petitioner
Versus
State .......Respondent
Instituted on: 21.05.2015 Order reserved on: 19.04.2017 Order pronounced on: 03.06.2017 AND CIS - Cr Rev. 81172016 CNR DLST01001168 - 2015 Mrs. Sukpal Kaur W/o Sh. Gurdarshan Singh Brar R/o Village Abdul Khurana, PS Lambi Distt. Muktsar, Punjab ........Petitioner Versus State .......Respondent Instituted on: 21.05.2015 Order reserved on: 19.04.2017 Order pronounced on: 03.06.2017 CISCr.Rev81162016 & CISCr.Rev81172016 Page 1 of 18 O R D E R The present two revision petitions i.e. the one bearing CIS-Cr.Rev81172016 filed by Smt. Sukhpal Kaur and the other bearing No.CIS-Cr Rev.81162016 filed by Smt. Amrit Brar will be disposed of by this common order as both challenge the same order dated 20.01.2015 of the Ld. Trial Court whereby the Ld. CMM, South directed the framing of the charges for the offences U/s 471/120B IPC against the accused / petitioner herein Smt. Sukhpal Kaur and for the offence U/s 120B IPC against the accused / petitioner herein Smt. Amrit Brar. By the same order, it discharged the these two accused of other offences namely U/s 420/468/201 IPC.
I have perused the record and have heard arguments of Sh. H.S. Bhulla and Ms. Bhawani Gupta Ld. Counsel for the petitioners; Sh. Salim Khan, Ld. Additional Public Prosecutor for the State and Sh. Swaran Singh, Ld. Counsel for the complainant.
Brief facts as are relevant for the disposal of these cases are that the FIR No.555/2005 was registered at PS Mehrauli for the offences U/s 420/468/471/201 IPC on the complaint of one Sh. Harvinder Singh, against Smt. Sukhpal Kaur, Smt. Amrit Brar and Sh. Gurdarshan Singh Brar. Smt. Sukhpal Kaur was chargesheeted on the complaint of Sh. Harvinder Singh, who had named all three persons. The complaint was to the effect that these accused persons had tried to grab the valuable land belonging to His Holiness Baba Virsa Singh. the founder of Govind Sadan which the complainant claimed, he had purchased in 1980 and had cultivated till date. It was alleged that Smt. CISCr.Rev81162016 & CISCr.Rev81172016 Page 2 of 18 Amrit Brar along with Smt. Sukhpal Kaur and Sh. Gurdarshan Singh Brar had manufactured certain fake documents with a common wrongful intention to usurp the property and had misused these documents in various offices and Courts misrepresenting themselves to be the owners and purchasers of land measuring 1 acre in Khasra no.374/1 and 374/2.
On a preliminary enquiry, it was found that Smt. Sukhpal Kaur seldom visited the house and remained in Chandigarh most of the times despite directions by the Investigating Officer for the production of the original of the photocopy of the alleged fake documents. Neither of the three accused produced the same, though initially they informed that the documents on record sought by the Investigating Officer were subject matter of civil litigation pending before the Court at Delhi. The alleged sale letter / agreement on stamp paper of Rs.2/ dated 11.06.1991 was, however, not produced. It was further submitted in the chargesheet that the further investigations revealed that one Sh. Ashok Sharma had been staying as the Care Taker of Smt. Sukhpal Kaur in the disputed property since 1993 and he was employed with the CRPF and that he too had filed some civil litigation and that the original documents relating to the sale of the property were with Smt. Sukhpal Kaur, On enquiry made from Sh. Ranbir Singh son of Sh.
Kirpal Singh he claimed to be attorney of Baba Virsa Singh and disclosed that they were the owners in physical possession and in cultivation of land bearing khasra no.374/1, 374/2, 376, 377/1, 377/2, CISCr.Rev81162016 & CISCr.Rev81172016 Page 3 of 18 387, 388 in the revenue estate of village Gaidai Pur, Tehsil Mehrauli and claimed to have purchased it from a previous owner for valid consideration against a Sale Deed registered in the office of the Sub Registrar, Delhi. It was also stated that the land had been duly mutated in the name of Baba Virsa Singh in the revenue records of title and possession. Investigations revealed that the land in question still existed in the name of Sant Baba Virsa Singh Ji in these records.
The Investigating Officer observed that Sh. Ashok Sharma and his family had been living in the said land since 1992 in a semi pacca room but that neither the complainant nor any representative of Govind Sadan had lodged any complaint of trespass and the only complaint that had been registered was the present one in 2005. During further investigations, it was revealed that Sh. Hardeep Singh son of Sh. Gurdev Singh resident of Govind Sadan whose father is shown in the Rs.2/ stamp paper to have accepted Rs.9.65 lacs on behalf of Baba Virsa Singh stated that his father had expired in Govind Sadan on 03.04.2003 and he always used to write "Gyani" before his name. He further claimed that the signatures in the name of Sh. Gurdev Singh were not that of his father and he claimed to have no recollection of his father having any dealings with Smt. Sukhpal Kaur.
It is stated that one other Gurdev son of Sh. Gopal Singh resident of Govind Sadan was also examined who stated that he had been living for the last 30 years at Govind Sadan. He too stated that Rs.2/ stamp paper on which basis Smt. Sukhpal Kaur claimed her title, did not bear his signatures and he had not received any payment CISCr.Rev81162016 & CISCr.Rev81172016 Page 4 of 18 from Smt. Sukhpal Kaur nor was he aware of any deal. Sh. Joginder Singh son of Sh. Surender Singh who according to the Investigating Officer has been mentioned as Sunder Singh in the Rs.2/ stamp paper, claimed that he had been residing in the Sadan since 1960 and as per his knowledge, there was no such person by the name "Gurdev Singh, Mukhtar of Baba Virsa Singh" who had received Rs.9.65 lacs on his behalf. He too stated that he had put any signatures. He too stated that he had not put any signatures on the Rs.2/ stamp paper.
The Investigation Officer further recorded that a supplementary statement of Sh. Harvinder Singh was recorded and he further claimed that he had been the Secretary of the Govind Management Committee and had been the Secretary with Baba Virsa Singh for ten years but that Baba Virsa Singh had never appointed any Gurdev Singh as Mukhtar and no Gurdev Singh was authorized to sell any property to Smt. Sukhpal Kaur. He claimed that the document namely Rs.2/ stamp paper notarised document dated 11.06.1991 was a forged document. He further claimed that Baba Virsa Singh had appointed only Sh. Ranbir Singh son of Sh. Kripal Singh, resident of Govind Sadan as Mukhtar and he alone i.e. Sh. Ranbir Singh alone was to look after the sale, purchase and other works of the lands of Baba Virsa Singh. He also stated that Baba Virsa Singh expired on 24.12.2007.
Then, Sh. Ranbir Singh son of Sh. Kripal Singh was also examined by the Investigating Officer and he claimed that he was the Mukhtar of Baba Virsa Singh and an attorney was executed by Baba CISCr.Rev81162016 & CISCr.Rev81172016 Page 5 of 18 Virsa Singh in his favour. He too affirmed that Baba Virsa Singh expired on 24.12.2007. The Investigating Officer has recorded that during the interrogation of Smt. Sukhpal Kaur, she stated that she had purchased the land in question in 1991 and had got constructed three rooms, a dining hall, kitchen, bathroom, etc and since 1993, Sh. Ashok Kumar Sharma was kept there as the Care Taker. She claimed to have paid Rs.9.65/ lacs in cash to Sh. Gurdev Singh but that due to lapse of time, she could not identify both Gurdev Singh and Joginder Singh and she also had no recollection as to whom she handed over the original stamp paper of Rs.2/ and that the original documents were not with her.
The Investigating Officer concluded that nothing incriminating had come on record against the accused Gurdarshan Singh Brar and against Smt. Amrit Brar regarding the oral threatening of getting the complainant involved in a bogus case and both were placed in column no.12. With regard to Smt. Sukhpal Kaur, the Investigating Officer concluded that there was every possibility that this document was a forged and fabricated document created in order to claim the ownership over the property in question and that the forged title document may have been destroyed by Smt. Sukhpal Kaur. It was also submitted that the contents in this document were doubtful as the material particulars were absent from the document. No Mukhtar was available. The payment of Rs.9.65 lacs was also not established as no separate receipt was available and payment was claimed to have been made in cash. Hence the Investigating Officer CISCr.Rev81162016 & CISCr.Rev81172016 Page 6 of 18 concluded that there was sufficient evidence to proceed against Smt. Sukhpal Kaur. The chargeswheet for the offences U/s 420/468/471/201 IPC was thus filed against the accused Sukhpal Kaur without arrest and with the other two accused placed in column no.12.
A protest petition was filed against the accused Smt. Amrit Brar and Sh. Gurdarshan Singh Brar being kept in column no.12 of the final report. While disposing off the protest petition vide orders dated 30.05.2011, Ld. CMM, South observed that there was sufficient material to show that accused Amrit Brar who was the daughter of the accused Sukhpal Kaur had conspired with her mother to commit the offences in as much as the CRPF Constable could not have been posted at the disputed property except with the connivance of the accused Amrit Brar, who was an IPS officer. The Ld. MM took cognizance of the offences U/s 420/468/471/201 read with Section 120B IPC and summoned the accused Smt. Sukhpal Kaur and Smt. Amrit Brar but concluded that no case was made out against the accused Gurdarshan Singh Brar and discharged him on 30.05.2011.
On 21.02.2015, arguments on charge were heard and vide the impugned order, the Ld. CMM, South concluded that there was enough material to establish participation of the accused Amrit Brar in the use of a forged document which disclosed that she was part of the conspiracy as she had participated on behalf of her mother in the civil litigation at all times very actively. However, the Ld. Trial Court found no prima facie case against either of the two accused for actually forging the document or cheating the complainant. It also did CISCr.Rev81162016 & CISCr.Rev81172016 Page 7 of 18 not believe that Smt. Sukhpal Kaur would have knowingly or deliberately destroyed the original of the Rs.2/ stamp paper document. Thus, it discharged the accused of the offences U/s 420/468/201 IPC. However, in view of the fact that the said document had been used in the civil litigation, it concluded that there was a prima facie case made out for the offences U/s 471/120B IPC against the accused Smt. Sukhpal Kaur and as the accused Smt. Amrit Brar was shown to have conspired with her mother, the charge for the offence U/s 120B IPC was held to be made out against her. Charges were accordingly framed on 25.02.2015 which has also been challenged by this revision.
It may be mentioned here that no revision has been preferred by the complainant or the State against the discharge of the accused under the other Sections.
Aggrieved by the order of charge and the framing of charge, the revision petitions have been preferred questioning the conclusions of the Ld. CMM, South and framing of charges against them. It is submitted that in the revision petition that the person who had filed the protest petition had no locus standii to do so as his name was not figuring either in the FIR or in the chargesheet and nor was he in the list of witnesses filed by the prosecution. Therefore, the protest petition was void ab initio. It was submitted that the charges should not have been framed on this ground alone. It is submitted relying on the decision of the Hon'ble Allhabad High Court in the case titled Vimlesh Vs. State of UP & Anr., (2010)4 All LJ 354 that extrenuous CISCr.Rev81162016 & CISCr.Rev81172016 Page 8 of 18 material like affidavit filed in support of the protest petition against the final report and material in the case, were not sufficient to take cognizance. It was further submitted relying on the judgment that if the Court desired to proceed on, the protest petition, it must be registered as a complaint and proceeded with, as such U/s 200 Cr.PC, which according to the revisionist / petitioner, the Ld. Trial Court had not done in the present case. It is submitted that the Ld. Magistrate should not have taken cognizance straightway, particularly in this case, as the complainant could have had no locus standii to submit any complaint.
It is also submitted that the events submitted by the complainant were inherently untenable and full of falsehood and untruth and it made the complaint fraudulent. The allegations, instances and facts which support this claim of the revisionist / petitioner have been listed out in the revision petitions, such as the Power of attorney of the previous landlord as claimed by Sh. R.S. Khanna was signed by one Sh. Varsha Singh and not Sh. Virsa Singh and the photographs and the signatures were clearly forged even when seen by the naked eye. It is also submitted that even if that document was to be accepted, even then Sh. R.S. Khanna would have been an attorney of Baba Virsa Singh only from the year 2000 whereas the property had been purchased by Smt. Sukhpal Kaur in the year 1991. Thus, it is claimed that Sh. R.S. Khanna was a completely irrelevant witness, apart from having no locus to file the protest petition.
It is also submitted that even Sh. Harvinder Singh son of CISCr.Rev81162016 & CISCr.Rev81172016 Page 9 of 18 Sh. Inderjeet Singh who claimed to be the Secretary of Govind Sadan Management Committee was an irrelevant witness as he had been with Baba Virsa Singh as Secretary only since 1995 and would have no occasion to know what happened in the year 1991. It is also submitted that the Care Taker, Sh. Ashok Sharma and his family had been living in the property since 1992 in the semi pacca room, but neither the complainant nor any representative of the Govind Sadan had lodged any complaint of trespass against him.
It is further submitted that the complainant has thus, not approached the Court with clean hands and any proceedings initiated and based upon fraud were vitiated at the very outset. Hence, it was submitted that the proceedings were void ab initio. It is further submitted that since the original documents had not been produced before the Ld. Trial Court, relying on the judgment of the Privy Council in the case titled Sanmukshing & Another Vs. The King, the production of the copy did not constitute sufficient evidence against the appellants. It is further submitted that ultimately production of the original documents was necessary to determine the charge of forgery. It was submitted that no evidence was produced to demonstrate that the document of Rs.2/ stamp paper was a forged one. It is further submitted that the investigation by the Investigation Officer of examining Sh. Hardeep Singh who claimed that his late father Sh. Gurdev Singh used to write "Gyani" in front of his name which was absent from the agreement of Rs.2/ stamp paper disclosed that the prosecution case was based on the presumptions and conjunctures.
CISCr.Rev81162016 & CISCr.Rev81172016 Page 10 of 18Another presumption on the part of the police was the examination of one Sh. Joginder Singh son of Sh. Surender Singh whereas the witness to the document was Sh. Joginder Singh son of Sh. Sunder Singh. Thus, it is submitted that apparently the witnesses have been examined but could state nothing regarding authenticity of the ownership documents. As such, on the basis of said lopsided reckless investigation on the part of the police, the Ld. Trial Court ought not to have proceeded further.
It is further submitted that the revisionist / petitioner Smt. Sukhpal Kaur was an 80 years old lady bound to wheel chair and had unintentionally misplaced the original document without malafide intention and the filing of the copy of the ownership document of Rs.2/ stamp paper was insufficient to establish use of a forged document U/s 471 IPC.
For the abovesaid reasons, the petitioners have prayed that the impugned order dated 25.02.2015 be set aside.
Though no reply has been filed by the State nor by the complainant, they have opposed the revision petition.
Written arguments filed on behalf of the complainant set out that action against the revisionists / petitioners must be initiated U/s 340 Cr.PC since the name of the complainant was wrongly alleged to have been not incorporated in the FIR or the chargesheet. It is submitted that the name of Sh. Ranbir Singh Khanna has been mentioned in the list of the witnesses and his name is also specifically mentioned at page no.8. It is also submitted that merely because the CISCr.Rev81162016 & CISCr.Rev81172016 Page 11 of 18 complainant had died would constitute no reason for quashing the FIR. It is also submitted that the revisionists / petitioners were relying on the document dated 11.06.1991 being a stamp paper of Rs.2/ but why was it that they have not taken steps for transferring the property in their name?
It is stated that late Baba Virsa Singh was the owner of the agricultural land bearing no.344/1, 374/2, 377/2, 377/4 ad measuring 9 Bighas and 12 Biswas situated in the village Gaidai Pur, Tehsil Mehrauli and had been in possession and cultivation and in the control of the property since 1980. It is also claimed in the 1984 riots and terrorism, many followers of Baba Virsa Singh from Punjab took shelter in Govind Sadan and the revisionists / petitioners were also amongst them.
It is further stated that in the year 2005, the complainant had filed a suit for permanent injunction against Chaudhary R.S. Pradhan and Sh. Chander Kant Sharma being the attorney of Baba Virsa Singh with respect to the said property wherein on 14.07.2005, Smt. Sukhpal Kaur and Sh. Ashok Sharma, the said Care Taker moved an application U/o 1 Rule 10 CPC for the impleadment as necessary parties, stating that they had purchased the property on 11.06.1991 on the basis of stamp paper of Rs.2/ for a valid consideration of Rs.9.65 lacs and that since then she was the owner in possession through her caretaker, Sh. Ashok Sharma and prayed that the suit be dismissed. It is stated that that suit was supported and followed up by Smt. Amrit Brar.
CISCr.Rev81162016 & CISCr.Rev81172016 Page 12 of 18It is further stated in the written arguments on behalf of the complainant that since the petitioners had filed a forged document i.e. stamp paper of Rs.2/ dated 11.06.1991 before the Ld. Civil Court, it had been done so to obtain wrongful benefit. The complaint was filed on 20.07.2005 U/s 166(3) Cr.PC through Sh. R.S. Khanna. It is stated that during the pendency of that complaint filed by Sh. R.S. Khanna, an FIR No.555/005 for the offences U/s 420/468/471/201 IPC was registered against Smt. Amrit Brar and Smt. Sukhpal Kaur and Sh. Gurdarshan Singh Brar. Another complaint was also lodged by late Sh. Harvinder Singh on 01.09.2005.
It is further submitted that as the chargesheet was filed only against the accused Smt. Sukhpal Kaur and that too after a long delay and only after the directions of the Hon'ble High Court, a protest petition had been filed and after giving thoughtful consideration to the facts, the Ld. CMM, South had rightly summoned the accused no.2 who appeared to be most important, as an old lady around 77 years could not be assumed to be capable of creating such false document. It is further submitted that therefore, the Ld. Trial court vide order dated 30.05.2011 rightly took cognizance against accused Smt. Amrit Brar for the offences U/s 420/468/471201/120B IPC.
It is further submitted that there could be no dispute that a document purported to be a sale letter agreement dated 11.06.1991 on a Rs.2/ stamp paper had been created, since the revisionists / petitioners have not denied the submission of the copy of the same before the Ld. Civil court. However, the original document admittedly CISCr.Rev81162016 & CISCr.Rev81172016 Page 13 of 18 was not produced by them before the Investigating Officer. The accused Smt. Amrit Brar had been appearing before the Ld. Civil court as well as had been in touch with the Investigating Officer in the present matter which reflected her active involvement. It is further submitted that though a detailed discussion on the role of the accused persons was not required, at least, in this case, the Ld. Trial Court had discussed to some extent their roles while taking cognizance and summoning the accused Smt. Amrit Brar. Thus, there was no reason to interfere with that order.
It is further submitted that the charge that was made out against the accused persons, according to the complainant was the one U/s 420/468/471/201/120B/506 IPC, since the accused no.2 had threatened the complainant and other members of the Govind Sadan with involvement in a false case and had actually involved Sh. Harvinder Singh and others in a false FIR registered at PS Subzi Mandi vide the complaint dated 05.08.2005. It is further submitted that the reasoned order did not call for any interference. Thus, it was prayed that the revision / petition be dismissed.
It is well settled that while dealing with a revision petition, the Court has very limited jurisdiction. Interference is possible only if there is perversity or gross error in the orders of the Ld. Trial Court. As rightly pointed out by the Ld. Counsel for the respondent and as held by the Hon'ble Supreme Court of India in the case titled 'Amit Kapoor vs Ramesh Chander' in the Criminal Appeal No. 1407/2012 the object of the powers of revision is to set right a patent defect or an CISCr.Rev81162016 & CISCr.Rev81172016 Page 14 of 18 error of jurisdiction of law, which has to be a well founded error. The error must be grossly erroneous or some material produced should have been ignored or judicial discretion ought to have been exercised arbitrarily or perversely and only in these circumstances would the Court interfere applying revisionary powers, with the orders of the ld. Trial Court.
Keeping this in mind, it is to be seen whether in the present case, any interference is called for. The grounds in the revision petition have been extracted in detail herein above only to show that what the petitioners are seeking is an evaluation of evidence. The revisionist / petitioners seek that their interpretation of the evidence be accepted in contradiction to the conclusions of the Ld. Court. Such an enquiry is not possible while dealing with the revisions petitions. In the present matter, no doubt, the Court can look into whatever material has come before it to come to a conclusion whether the charge has been made out or not. But even then, the Court cannot evaluate the evidence in the meticulous manner that the revisionists / petitioners have sought. It is certainly not the stage to believe that the witnesses are irrelevant, as described the petitioners.
The death of the original complainant would certainly not render the FIR infructuous. It cannot also be held that the protest petition could not have been filed by Sh. R.S. Khanna, the complainant herein, as he is an interested party claiming to protect the interest of Govind Sadan and the property of Baba Virsa Singh. Hence, no reason exists to believe that the entire edifice has to collapse. The locus of Sh.
CISCr.Rev81162016 & CISCr.Rev81172016 Page 15 of 18R.S. Khanna is not to be enquired at this juncture, whether he was the true attorney of late Baba Virsa Singh or whether there are lacunae in the documents on which he claims the authority to pursue the present complaint. It cannot be overlooked that the present matter is a State case and an FIR has been lodged.
It is well settled now that a Magistrate can accept or reject the report submitted by the police U/s 173 Cr.PC and is not bound by the conclusions drawn by the Investigating Officer. Therefore, there is no perverse misuse of powers by the Ld. Trial Court in taking cognizance of the offences against both the accused and to proceed further to decide and to frame charge against them.
It is also equally well settled that while determining the question of charge, the Magistrate is not required to analyse all the material weighing the pros and cons, reliability or acceptability of the material, etc.. Such an exercise on the assessment of the evidentiary value, credibility or otherwise of the material witnesses, veracity of the document and the witnesses has to be undertaken at the time of trial. The presence of the material on record sufficient for the Court to form an opinion that there is a grave suspicion that the accused might have committed the offences is sufficient to frame the charge.
In the present instance, there is no dispute that a document purported to be the Agreement to Sell executed on the Rs.2/ stamp paper was produced by Smt. Sukhpal Kaur in the civil suit to substantiate her claim that she was a necessary party in the suit. The accused Smt. Amrit Brar was actively supporting Smt. Sukhpal CISCr.Rev81162016 & CISCr.Rev81172016 Page 16 of 18 Kaur, a senior citizen in prosecuting the civil suit based on this document. On the basis of various averments, the complainant has lodged this complaint showing that this document was a forged document. The Ld. Trial Court has come to the conclusion that neither of the accused had actually forged the document but in the face of the facts that it was filed in that Court record, the document had certainly been used. It is a matter of trial whether the document is forged one and a forged document has been used. At this stage, there is no reason to believe prima facie that the Rs.2/ stamp paper was not a forged document.
The fact that it was the other accused / petitioner herein Smt. Amrit Brar who used to follow the cases on behalf of her mother, clearly establishes that she was in the know of all that was happening in the case including about the production of this document to substantiate the application U/o 1 Rule 10 CPC filed by her mother before the Ld. Civil Judge to become a party as owner. The Ld. Trial Court was, therefore, fully justified in holding that prima facie the two accused persons were in conspiracy and further a forged document had been used by the accused persons in furtherance of that conspiracy.
In the circumstances, there is no merit in the revision petitions and the same are accordingly, dismissed.
The original order be placed in the revision petition bearing No. CISCr.Rev.81162016 and the copy of the order be placed in the revision petition bearing No. CISCr.Rev.81172016.
CISCr.Rev81162016 & CISCr.Rev81172016 Page 17 of 18The trial court record be returned along with a copy of this order. The parties are directed to appear before the Ld. CMM, South on 22.06.2017.
The revision petition files be consigned to the Record Room.
Announced in open Court (ASHA MENON )
today on 03.06.2017 District & Sessions Judge (South)
Saket/New Delhi.
CISCr.Rev81162016 & CISCr.Rev81172016 Page 18 of 18