Criminal Misc. No. M- 4033 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M- 4033 of 2011 Date of decision:-16.2.2011 Subeg Singh and others ...Petitioners Versus State of Haryana and another ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. R.S. Hooda, Advocate with Mr. K.S. Dhaliwal, Advocate for the petitioners. RITU BAHRI J.(Oral) This petition under Section 482 Cr.P.C. is for quashing of order of charge and charge-sheet dated 19.3.2009 (Annexures P-2 and P-3) passed by the Judicial Magistrate 1st Class, Panipat in case FIR No.128 dated 07.6.2005, under Sections 420,467,468,471 and 120-B IPC, registered at Police Station Matlauda, District Panipat and order dated 30.9.2010 (Annexure P-4) passed by the Additional Sessions Judge, Panipat, whereby revision filed by the petitioners was dismissed. Mr. R.S. Hooda, Advocate has assail the order dated 30.9.2010 on the ground that the charge was framed against the accused-petitioners, who were bonafide purchasers from Chander Kanta. Further argued that they have become the owners by way of a valid sale deed by Chander Kanta and Anil Kumar. If there was any dispute with regard to the identity of Chander Kanta, then the complainant had a cause of action against the proposed vendee. No offence was made out against the present petitioners Subeg Singh, Bura Singh, Kuldeep Singh, Rajpal, Gur Lal Singh, Sukh Chain, Paritam Singh and Daya Ram. Criminal Misc. No. M- 4033 of 2011 -2- The alleged sale deeds were neither registered nor produced before the Sub Registrar. Therefore, they do not convey any title and the charge framed against the petitioners, is liable to be quashed. On a Court inquiry, learned counsel for the petitioner has informed that a civil suit has been filed by the petitioners for specific performance of the agreement to sell and the petitioners claimed that they have purchased the property from the rightful owner. Thus, a prima facie case is made out that all the accused got the sale deed executed through one Chander Kanta and Anil Kumar, whose identity is in dispute and will be subject matter in the present trial. In view of the above factual position, the criminal miscellaneous petition is dismissed. February 16, 2011 ( RITU BAHRI ) Vijay Asija JUDGE