IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl.Misc.No.M-21069 of 2009 (O&M)
Date of decision : 23.9.2009
Lakhwinder Singh alias Roda and another
....Petitioners
Versus
State of Punjab
...Respondent
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
....
Present: Mr.A.D.S.Sukhija, Advocate
for the petitioners.
Mr.B.B.S.Teji, AAG, Punjab
for the State.
Mr.S.S.Siao, Advocate
for the complainant.
....
MAHESH GROVER, J.
Learned counsel for the petitioners has contended that the
sale deed was executed on 19.2.2008 and after the registration thereof
they along with two other persons duped the complainant of
Rs.24,37,500/- by initially intoxicating him with some material and
thereafter returned Rs.15 lacs out of the said amount. It is the
contention of the learned counsel for the petitioner that the case has
been registered after one year of the incident and it is not conceivable
that a person would wait for such a long time after he has been duped
of such a huge amount.
Crl.Misc.No.M-21069 of 2009 (O&M) -2-
On the other hand, learned counsel for the State
contended that recovery of Rs.9 lacs is to be effected from the
petitioners even if they have joined the investigation.
After hearing the learned counsel for the parties, I am of
the considered opinion that since the petitioners have joined the
investigation to the satisfaction of the Investigating Officer pursuant
to the directions dated 4.8.2009 and prima facie it does not seem
plausible that a person who has been duped in such a manner will
wait for one year to lodge the FIR, the petition deserves to be
allowed.
Consequently, the present petition is allowed and the
interim directions dated 4.8.2009 are hereby made absolute till the
filing of the challan subject to the condition that the petitioners
continue to comply with the provisions of Section 438(2) Cr.P.C.
23.9.2009 (MAHESH GROVER)
JUDGE
dss