Nachhattar Singh And Another vs State Of Punjab on 16 November, 2009

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

                                 Criminal Misc. No. M-29033 of 2009 (O/M).
                                      Date of Decision : November 16, 2009.

Nachhattar Singh and another
                                                           ...... Petitioner(s).
                                  Versus.

State of Punjab
                                                         ..... Respondent(s).

CORAM: HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH.

Present:-    Mr. C.M. Munjal, Advocate,
             for the petitioner(s).

Dr. U.S. Dhaliwal, Additional Advocate General, Punjab,
for respondent-State.

Mr. Munish Kapila, Advocate,
for the complainant.

AUGUSTINE GEORGE MASIH, J. (ORAL).

Counsel for the petitioners submits that at the time of

registration of power of attorney, the power of attorney was prepared in the

presence of the complainant himself and now he has backed out from the said

power of attorney. He contends that the fake power of attorney, as has been

alleged, is not correct. Rather the documents, on the basis of which the

power of attorney was registered, clearly spell out the presence of the

complainant before the Sub Registrar.

On the other hand, counsel for respondent-State has placed on

record voter identity card of the complainant as also photocopy of ration

card. I have also seen the photocopy of the original power of attorney. The

photograph does not tally. Counsel for respondent-State submits that the

complainant is a well educated man and he always signs the document,
Criminal Misc. No. M- 29033 of 2009. -2-

whereas thumb impression has been put on the power of attorney, which has

been placed on record as Annexure-P-1.

The contentions as prayed by counsel for the petitioners is

clearly borne out from the voter identity card as also the ration card. The

photograph does not tally with that of power of attorney. The documents,

therefore, cannot be said to be a genuine power of attorney as of now.

Keeping in view the above, prayer in the present petition, cannot be granted

and is accordingly dismissed.

(AUGUSTINE GEORGE MASIH)
JUDGE
November 16, 2009.

sjks.