IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. M. No.11094-M of 2008 (O&M) Date of Decision:19.11.2010 ATS Infrastructure Ltd. .... Petitioner Versus State of Punjab and others .... Respondents And Crl. M. No.49023-M of 2008 (O&M) Date of Decision:19.11.2010 Kamaljit Kaur .... Petitioner Versus State of Punjab and others .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. S.C. Nagpal, Advocate for the petitioner. Mr. M.P. Goswami, Advocate for the petitioner. Mr. R.S. Pandher, Advocate for the applicant. Mr. Gautam Dutt, Advocate for the applicant Mr. P.S. Bajwa, D.A.G. Punjab. Mr. D.D. Sharma, Advocate for U.T. Chandigarh. **** 1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? NIRMALJIT KAUR, J.(Oral) By this common order, Crl. M. No.11094-M of 2008 and Crl. M. No.49023-M of 2008 shall be decided together wherein common controversy is involved. The petitioner-ATS Infrastructure Ltd has filed petition i.e. Crl. M. No.11094-M of 2008 under Section 482 Cr.P.C. for issuance of directions to the official respondents for the registration of an FIR against the accused persons/private respondents for selling the property to the petitioner-company by way of fraud, misrepresentation, impersonation, Crl. M. No.11094-M of 2008 -2- forgery and on the basis of a forged General Power of Attorney, allegedly issued by Mrs. Kamaljit Kaur wife of Shri Parampal Singh resident of House No.754, Sector 41-A, Chandigarh, the General Power of Attorney being registered by the Sub Registrar at Chandigarh whereas petition i.e. Crl. M. No.49023-M of 2008 has been filed by Kamaljit Kaur praying for issuance of direction to the official respondents to register an FIR against private respondents for selling her property by fraud and by forging her signatures. Replies were filed on behalf of the respondents and various orders were passed now and then so that proper action is initiated by the police against the accused. Finally, an FIR No.104 dated 20.5.2008 under Sections 419,420,467,468,471,120-B IPC at Police Station Sector-3, Chandigarh was registered. Director General of Police, U.T. Chandigarh vide order dated 19.12.2009 constituted a special and new team headed by Sh. Satbir Singh DSP/CID to investigate the present FIR. It is brought to the notice of this Court by Mr. D.D. Sharma, Advocate, counsel for U.T. Chandigarh on instructions for SI Sukhdayal Singh that challan has since been filed against the accused persons and the matter is now pending before the Court. Miscellaneous applications i.e. Crl. M. No.26109 of 2010 and Crl. M. No.26112 of 2010 have also been filed respectively in both the petitions by Harbans Singh and Satinder Kaur praying for impleading them as party being necessary party as they are real owners of the land in dispute. It is brought to the notice of this Court that vide order dated 10.5.2010, the Crl. M. No.13390-M of 2010 filed by Harbans Singh son of Shri Ganga Singh was earlier disposed of with a direction to Inspector Crl. M. No.11094-M of 2008 -3- General of Police, Police Headquarters, Sector-9, Chandigarh and Direction General of Police, Headquarter, Chandigarh, to look into the allegations contained in the petition, and if the same are found to be correct and true then proceed further expeditiously in accordance with the provisions of law. Accordingly, the authorities were directed vide order dated 17.8.2010 to file their affidavits either by themselves or through some senior officer deputed by them with respect to status and action taken in pursuance to the order dated 10.5.2010 passed in Crl. M. No.13390-M of 2010 filed by Harbans Singh son of Shri Ganga Singh. In pursuance to the same, affidavit of Parmandeep Singh Gill, IPS, Director General of Police, Punjab, Chandigarh, on behalf of the State is filed submitting therein that an FIR No.149 dated 16.11.2010 under Sections 419/420/465/467/468/471 IPC has been registered at Police Station Dera Bassi. It is further submitted in the said affidavit that DSP Derabassi, SAS Nagar has been deputed to conduct the investigation. The answering respondent has further assured that the investigation would be conducted expeditiously in accordance with law. Mr. P.S. Bajwa, D.A.G. Punjab, has clarified that due to inadvertence, name of the parties and number of the petition on the head note of affidavit filed by Paramdeep Singh Gill, IPS, Director General of Police, Punjab, Chandigarh, has been wrongly mentioned. He prays that the said affidavit may be read in the present petitions only. Ordered accordingly. This Court hopes that the investigation shall be in a fair and impartial manner and the final report in accordance with law shall be submitted to the Court of competent jurisdiction as expeditiously as Crl. M. No.11094-M of 2008 -4- possible. In view of the above, no order is required to be passed at this stage. Accordingly, the present petitions are disposed of as having been rendered infructuous. A copy of this order be placed in the connected case. 19.11.2010 ( NIRMALJIT KAUR ) rajeev JUDGE