Crl. Misc. No. M-24275 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-24275 of 2009 (O&M) Date of Decision: July 16, 2010 Surender Singh etc. ........Petitioners Versus State of Haryana .......Respondent CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. Vikram Singh, Advocate, for the petitioners. Ms. Latika Rai, AAG, Haryana. Mr. Jagdish Manchanda, Advocate, for the complainant. SABINA, J. Petitioners have filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No.436 dated 11.12.2008, under Sections 419,420,465,467,468,471,120-B/109 of Indian Penal Code, Police Station- Shahabad, District- Kurukshetra. The contents of the FIR reads as under :- “...... Sir, it is respectfully submitted as under:- 1. That the complainant and his real brother Des Raj s/o Pritam Singh with their nephew Hardeep Singh s/o Ajaib Singh s/o Pritam Singh had to purchase Agri. land for their families. 2. That the complainant and others two co-vendees are permanent residents of village Landi and they are agriculturist by profession. 3. That the complainant and his Crl. Misc. No. M-24275 of 2009 (O&M) 2 co-vendees had to purchase 15 to 20 acre Agri. land and for that purpose, the complainant with other vendees had talked to accused Joginder and Mahinder Incharge of Neel Kanth property Dealer Shahabad Markanda, who further got talked to accused No.3 Naresh Kumar and they all had induced the complainant and his co-vendees to get purchase land 15 acre in village Lakhmari at the rate of Rs.18,00,000/- (Rs. Eighteen lacs) per acre land of eight Kanals and Jamabandi in the name of Gurmeet Singh s/o Gursharan Singh, Gurshewak Singh, Satnam Singh s/o Rupinder Singh, nephew of accused No.1 and 2 (all are minors) Jasvinder Singh alias Jasminder Singh s/o Rupinder Sigh accused No.2. Amarjeet Kaur widow of Shri Rupinder Singh – mother of Accused No.1 and 2, Paramjeet Kaur wd/o Angrej Singh (Bhabhi of accused No.1 and 2) Malkiat Kaur wife of Jasvinder Singh – Accused No.2 and Bhabhi of accused No.1 was also shown to complainant and his co-vendees. The copy of khasra girdawari obtained by accused No.3 Naresh Kumar was also handed over by the accused Naresh Kumar to complainant. It is submitted that it was further instigated that accused No.1 is head of the family and he is fully responsible for the deal on behalf of him and other vendors. In second week of July, 2008 accused No. 3,4,5 had taken the complainant and his co-vendees in the fields of Sukhminder Singh etc. at Lakhmari at that time accused No.1 was present in the fields. After inspection of the fields, an amount of Crl. Misc. No. M-24275 of 2009 (O&M) 3 Rs.50,000/- (Rupees fifty thousand) was paid to accused No.1 at the shop of Neel Kanth property Dealer,owned by accused No.3 and 4, orally as SAYI. Rate of the land was fixed as Rs.18,00,000/- (Rs. Eighteen lacs) per acre and the date of execution of the agreement was fixed as 22.7.08 at Tehsil Shahabad Markanda. The accused No.1 had taken the responsibility for all other co-vendors at the time of execution of agreement to sell. 4. That on 22.7.08 accused No.3,4,5 were present with accused No.1 and 3 unknown ladies and two unknown male persons, who were alleged to be Gursharan Singh father of minor-Gagandeep Singh, and Jasvinder Singh alleged accused No.2 (yet to be confirmed as Jasvinder Singh alias Jasminder Singh-accused) and Amarjeet Karu (alleged) – mother of Angrej Singh, alleged Malkeet Karu w/o Jasvinder Singh. It is submitted that all the above present vendors instructed the typist Joginder Singh, who is working with Roshan Lal Gupta-deed writer, for typing the agreement to sell in favour of complainant and his co-vendees. 5. That above said Joginder Singh Clerk-cum- Typist of Roshan Lal Gupta- deed writer has purchased four non-stamp papers of Rs.100/- (Rs.One hundred) each from Shri Ranjit Kumar Gupta stamp vendor Shahbad Markanda and two non-judicial stamp paper each were already purchased by accused No.1 Sukhminder Singh, from Shri Sanjeev Gulati Stamp vendor Shahabad on 18.7.2008. In this way, all the six stamp papers for agreement to sell for Crl. Misc. No. M-24275 of 2009 (O&M) 4 Rs.100/- each were purchased by the accused persons. 6. that all the six agreements were got typed by accused No.1- Sukhminder Singh and his alleged other co-vendors. Details of payment as earnest money of each agreement is as under:- (a) Agreement to sell written on behalf of Gurmeet Singh through Gursharan Singh-father and next friend, for land 34K-4M with share of tube-well, tube-well kotha etc. fully detailed in attached Agreement to sell dated 22.7.2008, an amount of Agreement Rs.8,25,000/- (Eight lacs twenty five thousand) was received as earnest money by the executants of agreement in collusion with all accused. Agreement to sell written on behalf of Gursewak Singh and Satnam Singh minor sons of Sukhminder Singh accused No.1 through Sukhminder Singh, father and next friend, for land 16K-4M with rights of tube-well, kotha tube-well etc. as fully detailed in agreement to sell and accused No.1 received Rs.4,25,000/- (Rs.Four lacs twenty five thousand). Agreement to sell written on behalf of Amandeep Singh, Gagandeep Singh minor sons of late Angrej Singh S/o Rupinder Singh through mother Paramjit Kaur as next friend and guardian, for land measuring 22K-17M with all rights of tube well, tube-well kotha etc as fully detailed in attached agreement to sell and executant of agreement have received an amount of Rs.5,25,000/- (Rupees Five lacs twenty five thousand) in cash after putting her thumb impression in collusion with all accused. (b) Agreement to sell written by alleged Jaswinder Crl. Misc. No. M-24275 of 2009 (O&M) 5 Singh alias Jasminder Singh for land measuring 34-6M with all rights of tube-well, kotha tubewell motor connection etc. fully detailed agreement to sell attached and an amount of Rs.8,25,000/- (Rupees Eight lacs Twenty five thousand) was received by alleged executant of agreement in collusion with all the accused. (c) Agreement to sell written on behalf Amarjit Kaur, mother of Angrej Singh and Smt. Paramjit Kaur widow of Angrej Singh and Amanadeep Singh, Gagandeep Singh, both minor sons of Angrej Singh through their mother Paramjit Kaur for land measuring 8K-16M with all rights as fully detailed in agreement to sell attached and an amount of Rs.2,00,000/- (Rs. two lacs) were received by alleged Amarjit Kaur and Paramjit Kaur in collusion with all the accused. (d) Agreement to sell written on behalf of Smt. Malkiat Kaur (alleged) wife of Jasvinder Singh, for land measuring 8 Kanals with all rights pertaining thereto as fully detailed in agreement to sell attached and an amount of Rs.2,00,000/- (Rupees Two lacs) were received by alleged Malkiat Kaur-executant of the agreement to sell attached in collusion with all accused. 7. That the above land is situated in village Lakhmari and owned by accused No.1 and his family members as detailed in above paras and total amount of Rs.30,25,000/- (Rs. Thirty lacs twenty five thousand) has been paid by complainant and his co-vendees, in total in whose favour the agreements to sell were executed. At the time of agreement two witnesses Malkiat Singh s/o Sharwan Crl. Misc. No. M-24275 of 2009 (O&M) 6 Singh r/o Village Samalkhi and Surinder Singh son of Sulekh Chand alias Sulekh Singh r/o V. Ghasitpur were present and witnessed the payments of Rs.30,25,000/- to accused No.1 and his alleged co-vendors. All the remaining accused can be identified on production before the complainant/his co- vendors and witnesses of agreement to sell and date of execution of sale deed. Payment of remaining amount and delivery of possession of sold property etc. according to agreement to sell was fixed as 28.4.09. The amount in question which paid by complainant and his co-vendors, was withdrawn by them from various Banks on the same date, some of the amount out of Rs.30,00,000/- was managed by the complainant and his co-vendors from their houses and relatives. Copy of statement of accounts of Banks are attached herewith. 8. That an application was moved by original owner Jasvinder Singh accused No.2 on false and bogus grounds against his brother Sukhvinder Singh and complainant and his co-vendees and witnesses of agreement to sell and it has been alleged in the application that accused no.1 has forged and fabricated the agreement to sell in collusion with us for their land, to S.P. Kurukshetra and same was recommended to SHO PS Shahabad Markanda after receiving the information from PS Shahabad regarding forged and fabricated allegation against the complainant, an application was moved by the complainant and his co- vendees which was duly signed by the accused No.4 and 5 Crl. Misc. No. M-24275 of 2009 (O&M) 7 and witnesses of agreement. The above application was moved on the investigation of accused No.4 and 5 who have also signed the same against Sukhvinder Singh, Jasvinder Singh etc. Till now no action has been taken by the police. 9. That is submitted and alleged Paramjeet Kaur and Gursharan Singh have filed three petitions in the court of Distt Judge Kurukshetra on 8.8.2008 for getting permission have been filed by Shri Pawan Kumar Gupta Advocate who is real brother of Shri Roshan Lal Gupta, deed writer and Ranjeet Gupta stamp vendor. It is further submitted that the above petitions are duly signed and verified by Sukhminder Singh, and alleged Paramjeet Kaur and Gursharan Singh in the presence of Shri Pawan Kumar Gupta Advocate Kurukshetra and the same are pending in the court of Shri Pardeep Kumar Ld. Civil Judge Sr. Divn. Kurukshetra. 10. That at the of execution of agreements, Photostat copies of the agreement to sell were supplied to Sukhminder Singh accused No.1 and real brother of Sukhminder Singh has attached the same with his application/complaint moved to S.P. Kurukshetra which is still pending before SHO Shahabad. After the execution of the agreement, Jasvinder Singh Original owner has demanded Rs.35 lacs as earnest money from the complainant and his co-vendees. So it is proved that the above all Rs.30,00,000/- was received by fabricating/forging/cheating and impersonation with criminal conspiracy and malafide intention. The rate of land has already been increased it is Crl. Misc. No. M-24275 of 2009 (O&M) 8 further submitted that above Sukhminder Singh accused, has been hidden by other accused, by under grounding him, who his king pin of this cheating etc. Presence of Sukhvinder Singh, before investigating agency, can solve the total problems. It is further submitted that Naresh Kumar-accused No.3 is also hiding himself somewhere and police station Shahabad is not registering the case on cognizable offences. It is further submitted that the police is also not tracing accused No.1 and 3. 11. That the complainant and his co- vendees approached the police and also submitted application to the S.P. Kurukshetra but no action has been taken so far. Police Shahabad refused to register the case which is mandatory in case of cognizable offences without which no investigation can be done, and recovery and arrest of accused is must and necessary in such like cases. The police today morning refused to take action and advised to bring court and hence this complaint is being filed without any delay. 12. That the offences have been committed by the accused within the jurisdiction to try this complainant. 13. that no such complaint was earlier filed nor pending nor decided and it is first complaint. It is, therefore, prayed that the present complaint be sent to PS Shahabad u/s 156(3) Cr.P.C. to register the FIR, recovery and investigation from accused and to punish the accused in the interest of justice. Sd/- Nirmal Singh s/o Pritam Singh R/o Landi District Kurukshetra.” Crl. Misc. No. M-24275 of 2009 (O&M) 9 Heard. Learned State counsel has submitted that Rs.10 lacs had been taken by the petitioners. Custodial interrogation of the petitioners is necessary. Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely involved in this case. After hearing the learned counsel for the parties, I am of the opinion that the petitioners are not entitled to be released on anticipatory bail. The offence alleged to have been committed by the petitioners is serious in nature. The petitioners are required for custodial interrogation. Accordingly, this petition is dismissed. (SABINA) July 16, 2010 JUDGE Anand Crl. Misc. No. M-24275 of 2009 (O&M) 10 In the Court of Shri Naresh Kumar Singhal Ld. CJM Kurukshetra. Nirmal Singh son of Pritam Singh r/o village Landi Tehsil Shahabad Markanda Distt. Kurukshetra........ Complainant. Vs. 1. Sukhminder Singh alias Sukhvinder Singh 2. Jasvinder Singh alias Jasminder Singh both son of Sh. Rupinder Singh rs/o village Lakhmari, Tehsil Thanesar Distt. Kurukshetra. 3. Naresh Kumar son of unknown r/o village Shambhli Distt. Karnal. 4. Joginder son of Shri Ram Sarup r/o Lucky colony Shahabad Markanda Distt. Kurukshetra. 5. Mahinder son of Shri Shiv Dayal r/o V. Dhangali Distt. Kurukshetra. 6. Three other women and two male unknown persons, which will be disclosed by accused No.1 to 5, in investigation and can be identified by complainant and his witnesses. Accused. Complaint U/s 420,419,467,468,471,120- B,109 of IPC Police Station Shahabad Markanda.