Criminal Misc. No.25473-M of 2007 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.25473-M of 2007 Date of decision : 25.8.2008 Jaspal Singh and others .....Petitioners Versus State of Punjab ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Akshay Bhan, Advocate for the petitioner Ms. Manjari Nehru, Deputy Advocate General, Punjab. **** S. D. ANAND, J.
The present plea under Section 482 Cr.P.C. has been
preferred by petitioners- accused Jaspal Singh, Harshwinder Singnh,
Jagdev Singh and Meharban Singh to obtain quashment of FIR No.
15 dated 21.1.2007 under Sections 379/447/506/511/34 IPC.
The following is the translated relevant extract of the First
Information Report which stands reproduced in the petition itself:-
“Stated that I am resident of above said address and I am
working as a Government contractor. I am married. My
father Jasbir Singh is working as Naib Tehsildar in the
department of SYL Patiala. My mother Taranjit Kaur is
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working as Senior Assistant in Punjab State Electricity
Board Head office at Patiala. I am only son and I also
have one sister who is married. I have done B.Sc. My
grand father are three brothers. My eldst grand father is
Kulwant Singh, younger them is Niranjan Singh and
youngest is Mohinder Singh. I had bought a plot from
Niranjan Singh brothyer of my grand father on 21.6.1999
at Loahori Gate, near to Vishwakarma Mandir. Vide
registration 43629 having area of 48.22 sq. yard at the
cost of Rs.72,500/- and I had also taken the possession.
I had also fixed an iron gate on the same. Today at
around 43 PM when I came to see my plot alongwith
Anwar son of Faqrudin who is having shop near the bus
stand of Patiala, I saw that outside my plot brother of
mygrand father Mohinder Singh and his son Jaspal Singh
Harshvinder Singh and Jasdev Singh @ Happy resident
of Naraingarh, Police Station Mukepur were sitting and
were raising the wall at front and the iron gate which was
fixed was also not there. This incident has been done
by brother of my grand father Mohinder Singh and his
sons Jaspal Singh, Harshvinder Singh and Jagdev Singh
with connivance with each other and have done so with
intention to take possession of my plot. They have also
stolen my iron gate. When I asked them about raising
the wall and regarding theft of iron gate, then above said
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persons said that run away from here otherwise you will
killed if you will come near to plot. Because of fear I ran
away from there. The above said incident has been done
by the above said person to take the illegal possession of
my plot. I alongwith my friend was going to inform the
same at Police Station and in the way you have met at
Arya Samaj Chowk. I have recorded my statement and
the same is true and correct. Legal action may kindly be
Learned counsel, appearing on behalf of the petitioners,
argues that alleged incident is nothing but outcome of a family feud
and averments, in the course of the FIR, that an iron gate fixed on
the land under reference had been stolen and that the petitioners-
accused thereby entered into possession of his land is totally false.
The correctness of the above averment is re-iterated on
behalf of the respondents by D.S.P. City-I, Patiala who filed a
counter in the form of affidavit.
It would be apparent from a perusal of the above
discussion that there are disputed questions of fact which shall have
to be gone into by the learned Trial Court after the parties have had
an opportunity to adduce evidence in support of their respective plea.
This Court cannot undertake that exercise in exercise of jurisdiction
under Section 482 Cr.P.C. The petition shall stand dismissed.
However, the petitioner shall be at liberty to raise all the
relevant pleas before the learned Trial Court. Further, in view of the
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close relationship between the parties, it will be open to the
petitioners to file a plea for grant of exemption from personal
appearance which shall be appropriately disposed of by the learned
Trial Court in accordance with law.
August 25, 2008 (S. D. ANAND) Pka JUDGE
Note: Whether to be referred to Reporter: Yes/No
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