Karaj Singh vs State Of Punjab & Another on 27 August, 2008

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                   CHANDIGARH


                      Criminal Misc.-M No.21819 of 2008
                      Date of Decision: August 27, 2008


Karaj Singh

                                                  ...Petitioner

                      VERSUS


State of Punjab & another

                                                  ...Respondents


CORAM: HON'BLE MR.JUSTICE RANJIT SINGH


1. Whether Reporters of local papers may be allowed to see the
   judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?


Present:   Mr.Hemant Saini, Advocate,
           for the petitioner.
                 *****

RANJIT SINGH, J.

The prayer made in the present petition is for quashing of

FIR No.428 dated 14.12.2006, registered against the petitioner for

offences under Sections 420 and 120-B IPC at Police Station Civil

Lines, Amritsar.

The primary grievance of the petitioner is that the

allegations made in the FIR would constitute civil liability which is

being cloaked as a criminal proceedings and hence the prayer for

quashing the FIR.

Criminal Misc.-M No.21819 of 2008 :2:

The petitioner, who is a general power of attorney holder

of the complainant, had sold a plot measuring 100 sq.yards on the

basis of this power of attorney in his favour. The complainant had

lodged the FIR against the petitioner with the allegation that he is

close friend of her son and so was being treated almost like a son.

The complainant, being a heart patient, had given this power of

attorney to the petitioner as she was unable to look after the plot

standing in her name. She claims that power of attorney was given

only for looking after the plot with an understanding that the petitioner

would not sell or mortgage the same. The complainant had come to

know and so had filed the complaint that the petitioner had sold her

plot and had misappropriated the sale consideration. Accordingly, the

FIR was filed.

Mr.Hemant Saini appearing for the petitioner would say

that the petitioner cannot be saddled with criminal liability as

concededly complainant had given him the power of attorney on the

basis of which he had sold the plot. That may be so, but if this power

of attorney was given on some understanding that the petitioner

would not sell the plot or at any rate he would pass on the sale

consideration to the complainant after the sale, then it may give rise

to some criminal liability. All these matters would be appropriately

considered by the trial court and it would not be proper for this court

to quash the FIR only on this ground as urged in the petition.

The present petition is accordingly dismissed in limine.

August 27, 2008                                ( RANJIT SINGH )
ramesh                                              JUDGE