IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-21069 of 2009 (O&M) Date of decision : 23.9.2009 Lakhwinder Singh alias Roda and another ....Petitioners Versus State of Punjab ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr.A.D.S.Sukhija, Advocate for the petitioners. Mr.B.B.S.Teji, AAG, Punjab for the State. Mr.S.S.Siao, Advocate for the complainant. .... MAHESH GROVER, J. Learned counsel for the petitioners has contended that the sale deed was executed on 19.2.2008 and after the registration thereof they along with two other persons duped the complainant of Rs.24,37,500/- by initially intoxicating him with some material and thereafter returned Rs.15 lacs out of the said amount. It is the contention of the learned counsel for the petitioner that the case has been registered after one year of the incident and it is not conceivable that a person would wait for such a long time after he has been duped of such a huge amount. Crl.Misc.No.M-21069 of 2009 (O&M) -2- On the other hand, learned counsel for the State contended that recovery of Rs.9 lacs is to be effected from the petitioners even if they have joined the investigation. After hearing the learned counsel for the parties, I am of the considered opinion that since the petitioners have joined the investigation to the satisfaction of the Investigating Officer pursuant to the directions dated 4.8.2009 and prima facie it does not seem plausible that a person who has been duped in such a manner will wait for one year to lodge the FIR, the petition deserves to be allowed. Consequently, the present petition is allowed and the interim directions dated 4.8.2009 are hereby made absolute till the filing of the challan subject to the condition that the petitioners continue to comply with the provisions of Section 438(2) Cr.P.C. 23.9.2009 (MAHESH GROVER) JUDGE dss