80 1 0 0 Criminai Misc No MS52186of 2005 1 R1k IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc No Me52186of 2005 Date of decision l 101 009 1 HarjinderSingh 0etitioner 0 0 Versus CA The State of Punjaband another 2espondents X C5 1 1ll I e CORAM 1 HONBLE MR JUSTICE S D ANAND Z lcr Presentl Mr JSChahal Advocate for the petitioner 2 1 Mr 3STeji Assistant Advocate General Punjab e S DeANAND J 06 Oo The petitionerwho is beingprosecutedin case FIR No0054 Vc dated 3062005 under Sections 420 8 1203 IPC registered at Police am7 2 Station Dera Baba Nanak District Gurdaspurhas appliedfor the Ll of the FlR The prosecutionallegationsmay be noticed in the Orst instancein order to be able to make a comparative of the avermentsin the petitionin the Iightthereof The concerned villagepanchayathad givenceain panchayat Iandto the Animal Husbandry Departmentfor constructionof a Veterinary HospitalThe VeterinaryHospitalhas come up on that Iand There is certainvacant Iand 8 X 1001as weli which is adjacentthereto One CharanjitLal son of Sohna a native of the villageIeft thevillageplentyof years ago and settledin the State of GujaratHe fn a way severed his connection with the villageby havingsold oH whatever t1 Rani Anita 2012.06.22 15: 52 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 81 11 1 1 1 0 Criminal Misc No Mw52186of 2005 e2m k516R he held in the village On 2182004 one KuldipSinghson of Makhan Singhentered into a conspiracy with CharanjitLal for grabbingvacant Iand To achieve that nefariousdesignKuldipSinghobtained n a power of attorneyfrom CharanjitLal The executant claimed to be 0 owner In possessionof the vacant Iand aforementionedand he executed 0 thepower of attorneyin favour of KuldipSinghwho sold that Iand on the 0 I basis of power of attomeyon 2682004 to his real brother Harjinder C1 Singhie petitioner beforethis Court I 4 The plea thus is thatthe execution of fhe power Z St of attorneybyCharanjit Lal who had nothingat all to do with the vacant 2 11 Iand in favour of KuldipSinghonwhose favour por of 4t attomey was who sold the aforesaid land to HarjinderSingh OtJ who Is none else or other than his brotherl IS a result of a conspiracy CQ 4 hatchedby the persons aforementionedwith a view to grabthe vacant 2 Z grampanchayat Iand Il The plea raised in the course of the petitionis that the petitioner is a bonafidepurchaser for considerationinasmuch as he had paida sum of Rs1550001 as the considerationthereof It is also averred that the petitioner had alreadyOled a civil suit againstSawinder Singh BuaSinghNirmal Singhand SudeshRani which is pendingin the Coun of Civil Judge6JuniorDivisionl Batala In that civil suit the averment thereis an interim order the persons aforementioned defendants thereinlfrom in the possessionof the plaintiH therein and the petitionerhereinlor forciblydispossessingfrom the Iand exceptin due course of Iaw It is aiso averredthat defendant noA therein is the of the village whiie Nirmal Singhanother defendant Rani Anita 2012.06.22 15: 52 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 1 82 1 0 1 Criminal Misc No M52186 of 2005 w3e Vklt 1 thereinis a Panch of the Gram PanchayatTarlokSinghis the father of 1 Bua Singhdefendant therein The petitioner has not been able to make out a case for of FlR The reasons thereforare indicatedhereunder 11 1 The gravamen of the chargeis that the petitionerand other 1 1 personshad conspiredwith each other to grabvacant gram panchayat 1 0 Iand Itis not a case where power of attorneyholder had sold the Iand 1 C3 the basis of power of attorneylin favour of a third person The C40 of the transaction it may be noticed is none else or other than his real brother Insofar as the Civil Suit filed by the petitioner IS 1 Z concernedit also does not at all assistthe petitioner to pleadexoneration 1 r If at all the petitionerhad to reiterate the correctness of the pleaof his 1 beinga bonafide purchaserfor consideration the proper paniesthereto 08 were his own brotherKuldipSinghand Charanjit Lal who had executed a C0 4 powerof attorneyin favour of KuldipSinghThe mere Olingof a civilsuit for 7 Z permanentinjunctionIS irrelevant for the purposes of advancingthe 1 tl petitionerspleafor exonerationof the charge On his own showinghe IS not requesting for a declaration of the validityof the transaction in his 1 favour in that suit Further fhe grantof averred interimorder is also 1 neitherhere nor there It is a pure and simplecase where the petitioner herein fiied a suit for injunction on a pleaof his beingin possessionand the Civil Court ordereda restrainton his forcible dispossessionexceptin due course of Iaw The grantof that interim order does not byany stretch of amount to the validationof titlewhich the plaintiUclaimed to have secured on the basis of the impugnedtransaction Whether a chargeof conspiracyis established or not is a moot point Whether the prosecutionplea is weak or feebie in 1 41 nV Rani Anita 2012.06.22 15: 52 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 83 1 1 0 Criminal Misc No M52186 of 2005 04e Rkk54 characteris also not relevant for the purpose of the pleafor The presentis in any case not a case of completeof want of particulars relatableto the charge The pleafor is devoid of force and shall stand 1 rejected accordingly 1X November 10 2009 S D ANANDI 0 Pka JUDGE C C1 Z e Z 4 C 4 08 00 et J Z 0m Rani Anita 2012.06.22 15: 52 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document