IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-34890 of 2009 (O&M) Date of decision : 14.12.2009 Beant Singh ....Petitioner Versus State of Punjab ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr. T.S.Chauhan, Advocate for the petitioner. .... MAHESH GROVER, J. Crl.Misc.No.62854 of 2009 Crl.Misc. is allowed as prayed for. Crl.Misc.No.M-34890 of 2009 This is a petition under Section 438 of the Code of Criminal Procedure for release of the petitioner in terms thereof in a case registered vide FIR No.179 dated 30.9.2009 under Sections 420, 120-B IPC, at Police Station Phillaur, District Jalandhar. The petitioner is accused of alienating the land in favour of complainant for a consideration of Rs. 14 lacs out of which he received Rs.9,25,000/-. He along with his other accomplices had sold the land which did not belong to him and which was already mortgaged with one Gurnam Singh. Crl.Misc.No.M-34890 of 2009 (O&M) -2- Learned counsel for the petitioner contended that the allegations against the petitioner are false and that he had merely handed over the possession of land to the complainant which is reflected from Annexure P-3 and that he never proclaimed himself as owner of the land. After hearing the learned counsel for the petitioner and on perusing the record, I am of the considered opinion that the contentions raised by the learned counsel for the petitioner are false. The petitioner had represented to the complainant that he is owner in possession of the land, which is clear from the reading of the agreement to sell executed between him and the complainant. He had also mortgaged this very land prior to the sale without disclosing the factum of ownership and mortgage as a result of which the complainant was forced to part with Rs.9, 25,000/-. The allegations against the petitioner are serious. The facts reveal that it was a clear attempt to dupe the complainant. Consequently, the present petition is totally misconceived and is dismissed. 14.12.2009 (MAHESH GROVER) JUDGE dss