Crl.Misc.No.M-11119 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-11119 of 2009 Date of Decision:- 08.12.2011 Ajaib Singh and others ....Petitioner(s) vs. State of Haryana and another ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Gorakh Nath, Advocate and Mr.Ishar Singh, Advocate, for the petitioners. Mr.Raja Sharma, AAG, Haryana. Ms.Kiran Bala Jain, Advocate, for the respondent No.2. *** AUGUSTINE GEORGE MASIH, J. (Oral) Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of complaint No.548-I dated 18.12.2007 (Annexure P-6) filed by respondent No.2-Kartaro Devi-complainant, summoning order dated 4.6.2008 (Annexure P-9) passed by the Judicial Magistrate, Ist Class, Ambala vide which the petitioners have been summoned to face trial under Sections 323, 420, 467, 468, 471, 506, 120-B IPC as also the order dated 3.3.2009 (Annexure P-10) passed by the Additional Sessions Judge, Ambala, dismissing the revision petition preferred by one of the petitioners, namely, Ajaib Singh-petitioner No.1. It is the contention of the counsel for the petitioners that the Crl.Misc.No.M-11119 of 2009 -2- basic allegation against the petitioners is that the general power of attorney dated 3.10.2007 (Annexure P-1) was got executed by petitioners No.1 and 2 from Siri Ram, husband of complainant-Kartaro Devi, fraudulently and after putting him under the influence of liquor. The impression which was given to Siri Ram was that petitioners No.1 and 2 were getting a will executed in favour of his wife-Kartaro Devi-complainant whereas they got the general power of attorney executed in their favour. After the execution of the said power of attorney, petitioners No.1 and 2 had executed gift deed in favour of their wives, namely, Sunita and Poonam, petitioners No.3 and 4 respectively on the basis of the general power of attorney. Thereafter, on the same day, petitioners No.3 and 4 executed a sale deed in favour of Ashwani Kumar and Darshan Singh regarding 22 kanals of land. When this fraud came to the notice of the husband of the complainant, Siri Ram, he got the said power of attorney cancelled on 5.12.2007. This cancellation of the power of attorney is appended as (Annexure P-3) in which it has been specifically mentioned that all acts done by his general attorneys are acceptable to him and he ratify the acts done prior to the date of cancellation of the power of attorney. Counsel, on this basis, contends that the execution of the power of attorney dated 3.10.2007 has been admitted by Siri Ram and if execution of general power of attorney having been admitted, no criminal liability on the petitioners and especially when all acts done by petitioners No.1 and 2 who are the general power of attorney holders prior to the same having been ratified, now the present complaint cannot sustain. His further contention is that a civil suit was filed on 13.12.2007 by Siri Ram for declaration that he was the absolute owner in possession of the land for which he had given a power of attorney and which had been ultimately Crl.Misc.No.M-11119 of 2009 -3- gifted and thereafter sold by petitioners No.3 and 4. In the said suit, he has also challenged the gift deed in favour of petitioners No.3 and 4 and the execution of the sale deeds by petitioners No.3 and 4 in favour of Ashwani Kumar and Darshan Singh for declaration that the same was null and void. In the suit, he had further stated that he had not executed any general power of attorney. He contends that the civil suit is also pending and, therefore, continuation of the criminal proceedings during the pendency of the civil proceedings would be an abuse of process of law and, thus, the present petition deserves to be allowed and that the summoning order dated 4.6.2008 (Annexure P-9) as also the revisional order dated 3.3.2009 (Annexure P-10) cannot sustain. On the other hand, counsel for the respondent submits that the allegations against the petitioners are clear and specific wherein it has been specifically stated by the complainant that the power of attorney dated 3.10.2007 (Annexure P-1) was got executed by petitioners No.1 and 2 from her husband when he was under the influence of liquor and also got executed under the belief that the said document was, in fact, a will in favour of the complainant. She contends that in the complaint, it has been specifically stated that the cancellation of the power of attorney was also got done wherein it was wrongly been mentioned that the acts done by the general power of attorneys are ratified which were prior to the date of cancellation. She contends that initiation of the civil proceedings by the husband of the complainant immediately after the cancellation of the power of attorney clearly indicates that such a power of attorney was never executed by him and, therefore, a fraud having been played upon Siri Ram and the complainant, the summoning order passed by the trial Court is in Crl.Misc.No.M-11119 of 2009 -4- accordance with law and the present petition deserves to be dismissed. I have heard counsel for the parties and gone through the records of the case. Prayer for quashing of the complaint cannot be accepted for the reason that the offences for which the complaint has been filed and subsequently on the basis of the preliminary evidence led by the complainant petitioners have been summoned, is clearly made out. The contention of the counsel for the petitioners with regard to the document i.e the cancellation of the general power of attorney dated 5.12.2007 (Annexure P-3) is a question of evidence which has to be gone into by the trial Court and it would not be possible for this Court, in exercise of its powers under Section 482 Cr.P.C., to return a finding in this regard. The impugned orders passed by the Courts below are based on the complaint and the preliminary evidence led by the complainant which is in accordance with law and does not call for any interference by this Court. Finding no merit in the present petition, the same stands dismissed. December 08, 2011 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE