Crl. Misc. No. M-19002 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-19002 of 2009 (O&M) Date of decision:- 27.04.2011 Jagbir Singh ...Petitioner Versus State of Haryana and others ...Respondents. CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- None for the petitioner. Mr. Kshitij Sharma, AAG, Haryana Mr. R.N. Lohan, Advocate for respondent No. 6 RITU BAHRI J.(Oral) The petitioner has sought direction to the official respondent Nos. 1 to 3 for proper investigation of the case bearing F.I.R No. 4 dated 07.01.2009 under Section 420 IPC relating to Police Station Pillukhera, District Jind, on which the above said F.I.R has been registered against respondent Nos. 4 to 6, but in connivance with other respondents, the respondent Nos. 7 to 12 had made out a new case against the present petitioner, in which he has been falsely implicated. Brief facts of the case are that the petitioner had purchased a tractor make of Mahindra 265 DI Model No. 1998, bearing registration No. PB- 44-A-1250 Engine and Chasis No. 17742 from Dalbir (respondent No. 4) s/o Hawa Singh, r/o Faribad, Tehsil Rajound, District Kaithal, vide receipt dated 10.06.2008, in sale consideration of Rs.1,60,000/- and the above said vendor has signed the sale receipt and supplied the original R.C. of the tractor to the petitioner. Copy of receipt is annexed as Annexure P-1. It was further agreed between petitioner and respondent No. 4 that at the time of sale respondent No. 4 will give an affidavit to petitioner regarding sale of tractor by him from the previous owners of the tractors, who were Crl. Misc. No. M-19002 of 2009 (O&M) -2- residing in District Sangrur, Punjab. A copy of an affidavit dated 03.09.2008 is annexed as Annexure P-2. Respondent No. 4 Dalbir assured the petitioner that tractor will be handed over to him after two days by completing his work. But on many requests made by the petitioner, neither the tractor was given nor the money was given to the petitioner. Petitioner came to know that respondent No. 4 had sold the tractor to Surender r/o Manoharpur, District Jind, by making false registration certificate and further Surender had sold this tractor to one landlord of village Kassan by giving him false registration Certificate Certificate No. HR- 26-7125. A copy of the false R.C. is attached as Annexure P-3. Thereafter, petitioner approached the Police officials for taking necessary action in the above said matter and the above said F.I.R was registered against respondent No. 4. On notice, a reply has been filed by respondent Nos. 1 to 3. As per reply, during investigation of the case, statement of Darshan Singh and Amrik Singh, registered owner of the tractor were recorded by which they deposed that Amrik Singh etc. had sold tractor to Hari Basant, Commission Agent (Factor) resident of Budlada and photocopy of affidavit dated 03.09.2008 annexed by petitioner Jagbir Singh with complaint dated 6.01.2009 was also found to be false. Besides this, thumb impression dated 03.09.2008 of allegedly Rattan Singh was also found to be forged because said Rattan Singh had already expired 6-7 years ago from the date of affidavit. Neither name of stamp vender was mentioned on the affidavit nor the same was purchased from any stamp vender and it was found that petitioner himself had got prepared the affidavit. It was also found that Udey Singh had purchased this tractor from Kaptan Singh and further sold the same to Surinder resident of Village Manoharpur, District Jind. It was found that petitioner after obtaining papers of the tractor from one Dalbir Singh had got prepared forged affidavit and become owner of the tractor. It was also found that petitioner in the complaint dated 31.3.2009 and 06.04.2009 made before the Inspdxector General of Police, Hisar Range, Hisar has mentioned that he had purchased tractor from Dalbir Singh whereas in the Crl. Misc. No. M-19002 of 2009 (O&M) -3- complaint dated 06.01.2009 on which F.IR. was registered against the petitioner has mentioned that approximately 7 months before he had purchased the tractor from Darshan Singh and Amrik Singh. The averments made in both F.I.R and complaints dated 31.3.2009 and 06.04.2009 regarding purchase of director was found false and baseless as the petitioner had not purchased tractor from any one rather he produced the false affidavit regarding purchase of tractor. It was also found that Jagbir Singh, Surinder Singh, Jagdish and Pirthi were found to be real accused. On 08.02.2009, during investigation section 468/471 IPC were added in this case. In this case, Surinder Singh and Jagbir Singh, the petitioner- complainant-accused were arrested on10.02.2009. Learned State counsel, on instructions from Mahinder Singh has informed the Court today that after presentation of the challan, the matter is now fixed for framing of charges on 06.05.2011. In view of the above, no further orders are required to be passed in the present petition. Accordingly, the petition stands disposed of. April 27, 2011 ( RITU BAHRI ) G.Arora JUDGE