Punjab-Haryana High Court
Assa Singh vs State Of Punjab on 27 August, 2013
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
Crl.M.No.M-27821 of 2013(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl.M.No.M-27821 of 2013(O&M)
Date of Decision: August 27, 2013
Assa Singh
.....Petitioner
v.
State of Punjab
......Respondent
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr.NPS Mann, Advocate
for the petitioner.
.....
RAM CHAND GUPTA, J.(Oral)
The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.249, dated 11.12.2012, under Sections 409, 420, 465, 467, 468, 471, 120-B IPC, registered at Police Station Sadar Ferozepur, District Ferozepur.
I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Ferozepur, vide which application filed on behalf of the present petitioner for anticipatory bail was dismissed.
Briefly stated, the present FIR was lodged as per order of Deputy Commissioner-cum-District Magistrate, Ferozepur, regarding forgery and regarding fabrication of various documents including revenue documents by petitioner-accused in connivance with officers of Revenue and Rehabilitation Department and for making an attempt to transfer the land of the Central Government in his name. Petitioner had moved an application dated 17.2.2011 to Sub Divisional Magistrate, Ferozepur, for making correction in the revenue record by way of fard badar on the plea that his ownership has not been entered in the revenue record, whereas he is owner of the same. As the land was belonging to the Central Government, the correction was not made. Petitioner filed C.W.P.No.2591 of 2012 in this Court in which vide order dated 13.2.2012 it was directed that application Meenu dated 17.2.2011 be disposed of as per law.
2013.08.29 12:22 I attest to the accuracy and integrity of this document chandigarh Crl.M.No.M-27821 of 2013(O&M) -2-In compliance of the said order dated 13.2.2011 of this Court, communication was sent to Sub Divisional Magistrate, Ferozepur, with endorsement to Punjab Government, Revenue and Rehabilitation Department, and however, the application filed by the petitioner was dismissed on the plea that an attempt was made by him for getting fard Badar issued by fabricating the record with an intention to usurp the land of the Central Government worth crores of rupees and that it appeared that he was in connivance with revenue officials/staff. Hence, on the order of Deputy Commissioner, a detailed enquiry was conducted by Sub Divisional Magistrate, Ferozepur. After completion of the enquiry the report was submitted on the basis of which the present FIR was registered. As per enquiry, present petitioner-accused in connivance with revenue officials and other officials forged the following documents:-
(i)Sale certificate allegedly issued by the then Managing Officer (UL), Jullunder, Sh.M.S.Kapoor, dated 10.8.1966 has been made as a base of the case.
(ii)Rapat No.370 dated 20.8.1967 by which the name of the father of petitioner, namely Iqbal Singh has been shown as owner.
(iii)Mutation No.5198 dated 16.9.1967 on the basis of which father of the petitioner namely Iqbal Singh became the owner of the land.
(iv)Jamabandi Parat Sarkar 1968-69 prepared at the time of consolidation.
As per Enquiry Officer, from the year 1996 twice in the column of cultivation the Central Government is entered as self cultivation and the cases were going on in the revenue Courts, Civil Courts and in this Court for eviction of illegal occupants from the land belonging to Central Government in RSA No.862 of 1985; CWP No.8796 of 1997; RSA No.430 of 1994 and CWP No.7688 of 1997 filed by the Government which were decided by this Court vide order dated 29.10.2010 and the writs of the Government were accepted and illegal occupants were ordered to be dispossessed from the portion of the land in their illegal possession and accordingly possession of the said land was also taken by the Government from Harpreet Singh etc. However, petitioner never raised any objection Meenu nor filed any application claiming his rights as well over the said property.
2013.08.29 12:22 I attest to the accuracy and integrity of this document chandigarh Crl.M.No.M-27821 of 2013(O&M) -3-It has been vehemently contended by learned counsel for the petitioner-accused that the land in dispute was duly allotted to his father, who had deposited the amount with Managing Officer, Sale, Jalandhar and hence, sale certificate was issued in favour of his father and after his death he became owner of the same. It is further contended that the enquiry report of Sub Divisional Magistrate is without any basis and that there is no substance in the same. It has also been contended that no effort was made to enquire as to whether the amount was actually deposited by his father in the treasury in the year 1966. It is further contended that after order was passed by this Court for deciding his representation pending before the Sub Divisional Magistrate for correcting his name as owner in the revenue record, this trouble started for the petitioner. It is further contended that the report submitted by the Sub Divisional Magistrate is without any basis. It is further contended that he was not a party in the writ petition filed by Harpreet Singh and others, Annexure P20, and that they were ordered to be evicted as they were illegal occupants of the land belonging to the Central Government. However, the land which was purchased by father of the petitioner measuring 120 kanals and 9 marlas is still in the possession of the petitioner. It is also contended that he also filed another writ petition in this Court bearing CWP No.6499 of 2012 against his forcible dispossession from the land in which order dated 23.5.2012 was passed by this Court vide which interim order was issued regarding his dispossession during pendency of the writ petition. It is also contended that the said order is still continuing and the said writ petition is pending.
However, there are very serious allegations against petitioner- accused and the co-accused, who were revenue officials and officials of the Rehabilitation Department. It is a case of fabricating various documents by petitioner-accused, i.e., sale certificate allegedly issued by Managing Officer, Jullunder; Rapat No.370 dated 20.8.1967 vide which possession was allegedly delivered to father of the petitioner; Mutation No.5198 dated 16.9.1967 on the basis of which father of petitioner was allegedly became the owner of the land.
The present FIR was lodged after detailed preliminary enquiry Meenu was conducted by Sub Divisional Magistrate, Ferozepur. Even Fard Badar 2013.08.29 12:22 I attest to the accuracy and integrity of this document chandigarh Crl.M.No.M-27821 of 2013(O&M) -4- dated 1.8.2005 was found to be a result of conspiracy by the Sub Divisional Magistrate. The present petitioner is beneficiary of the said transaction. On the basis of those forged documents he also obtained stay for his dispossession, though the final order is yet to be passed in the said writ petition. Hence, custodial interrogation of petitioner-accused and the co- accused is necessary to arrive at truth. None of the accused has been arrested so far. FIR is dated 11.12.2012 and, however, no investigation has been conducted as petitioner and co-accused, who are government officials, are absconding. It may be mentioned here that after his application for anticipatory bail was dismissed by learned Additional Sessions Judge, Ferozepur, he also approached this Court for anticipatory bail, which was got dismissed as withdrawn vide order dated 28.5.2013 passed in Crl.M.No.M-12293 of 2013 on the plea that he would file another one with better particulars and hence, he filed the present application again after about three months of the same.
Hence, in view of these facts and without expressing any opinion on the merits of the case, the present petition filed by petitioner- Assa Singh for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.
27.8.2013 (Ram Chand Gupta)
meenu Judge
Meenu
2013.08.29 12:22
I attest to the accuracy and
integrity of this document
chandigarh