In the High Court for the States of Punjab and Haryana at Chandigarh. CRM.M-25551 of 2009 Decided on 07.10.2009. Harwinder Singh -- Petitioner vs. State of Punjab --Respondent. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mrs.Baljit Kaur Mann,Advocate,for the petitioner Mr.K.D.Sachdeva,Addl.AG,Punjab. Mr.R.K.Singla,Advocate,for the complainant. Rakesh Kumar Jain, J: (Oral) Learned counsel for the petitioner, inter-alia, contends that the petitioner is neither beneficiary nor attesting witness of the Will. Learned counsel for the complainant has submitted that the property in dispute belongs to Gram Panchayat which is alleged to have been donated by Lakha Singh. He further submits that the aforesaid property has been fraudulently bequeathed by one Madan Mohan Giri in favour of one Balbir Singh by way of a Will dated 23.7.1976. The allegations against the petitioner are that being a Sarpanch of the Gram Panchayat, he did not watch the interest of the panchayat as the panchayat was proceeded against ex-parte in a suit filed by Balbir Singh, beneficiary of the Will, against the panchayat. At this stage, learned counsel for the petitioner submits that the CRM-M 25551 of 2009 -2- petitioner has already filed an application for setting aside the exparte proceedings which is supported by his affidavit. The case is now fixed for 10.11.2009. The fault of the petitioner was that he could not appear on the date when the case was listed before the trial Court as he had noted a wrong date. She further submits that in terms of the order dated 17.9.2009, the petitioner has joined the investigation. This fact is admitted by learned counsel for the respondent/State on instructions received from Head Constable Nirmal Singh. In view of above, order dated 17.9.2009, is made absolute. The petitioner shall, however, keep on joining the investigation as and when called and shall abide by the provisions of Section 438 (2) Cr.P.C. The petition is disposed of. 07.10.2009 (Rakesh Kumar Jain) RR Judge