Criminal Misc.No.M-12442 of 2010 1 Criminal Misc.No.M-8587 of 2010 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Date of decision:-11.08.2010 1. Criminal Misc.No.M-12442 of 2010 Jagpreet Singh ...Petitioner Versus State of Punjab .....Respondent 2. Criminal Misc.No.M-8587 of 2010 Gurdarshan Singh ...Petitioner Versus State of Punjab .....Respondent Present: Mr. Balram Singh, Advocate for the petitioner. Mr. V.P.S. Sidhu, AAG, Punjab. Mr. R.M. Singh, Advocate for the complainant. ..... S.S. Saron, J. Heard learned counsel for the parties. This order will dispose of Crl. Misc. No.M-12442 of 2010 filed by Jagpreet Singh son of Gurdarshan Singh and Crl. Misc. No.M- 8587 of 2010 filed by Gurdarshan Singh. FIR in the case has been registered on the statement of Avtar Singh brother of Gurdarshan Singh (petitioner in Crl. Misc. No.M- 8587 of 2010). Jagpreet Singh (petitioner in Crl. Misc. No.M-12442 of 2010) is son of Gurdarshan Singh. It is alleged by the complainant- Avtar Singh that he is settled in Canada for the last 35 years. He is possessing land measuring 47 Kanals, 3 Marlas in village Bhatha Dhua, District Ludhiana. The complainant came to India in the month of May 1998 as his father was ill and bed-ridden and he expired after a few Criminal Misc.No.M-12442 of 2010 2 Criminal Misc.No.M-8587 of 2010 days thereafter. The complainant stayed for about a month and returned to Canada. On 25.11.2008 the complainant again returned to India and visited the house of his brother Gurdarshan Singh and requested him for partition of land. When he went to Patwari to obtain copy of Jamabandi, he came to know that his brother Gurdarshan Singh along with Sham Sunder and Amarjit Singh had connived with each other and fabricated general power of attorney dated 1.6.1998 said to have been executed by the complainant in favour of Gurdharshan Singh regarding his property. The signatures of the complainant were forged and fabricated. On the strength of the said General Power of Attorney, a gift deed was executed by Gurdarshan Singh in favour of his son Jagpreet Singh and Dalwinder Singh. A photograph of the complainant had been misused on the forged Power of Attorney. General power of attorney was of the year 2006, when the complainant had come for the marriage of his son. There was no occasion for the complainant to execute the General Power of Attorney in favour of anybody. In the investigation, that has been carried out, the General Power of Attorney dated 1.6.1998 has been taken in possession by the police. The signatures of Avatar Singh-complainant were got compared with his standard signatures from the Forensic Science Laboratory Punjab, Mini Secretariat, Sector-9, Chandigarh. It has been opined by the Assistant Director, Forensic Science Laboratory Punjab, Mini Secretariat, Sector-9, Chandigarh that the questioned signatures Q1 to Q5 on the Power of Attorney are forged signatures made with the help scientific aids. The same did not tally with the standard signatures marked A1 to A11 and S1 to S10. It is also stated by the learned State counsel that the Power of Attorney is shown to be drafted by one Amarjit Singh Mand, Advocate, Old District Courts, Ludhiana and Stamp has been affixed. However, Mr. Kalyan Singh, Manager of the District Bar Association, Criminal Misc.No.M-12442 of 2010 3 Criminal Misc.No.M-8587 of 2010 Ludhiana has stated that there is no such advocate of this name. In the civil suit that has been filed by the complainant, Nirmal Singh who was the then sub-Registrar and who is alleged to have attested the General Power of Attorney dated 1.6.1998 has stated after seeing the original Power of Attorney that it did not bear his signatures anywhere and his signatures have been forged by the beneficiaries. He was examined and thereafter his cross-examination has been deferred so as to enable the defendant to summon the record of the sub-Registrar including the Power of Attorney. Jagpreet Singh-Petitioner is the beneficiary of the gift deed dated 7.11.2008 and he has signed the same as a donee. Therefore, in the circumstances, no ground for pre-arrest bail is made out. Criminal Misc. Nos.M-12442 and M-8587 of 2010 are dismissed. (S.S.SARON) JUDGE 11.08.2010 sharmila