Criminal Misc.-M No.16896 of 2011 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc.-M No.16896 of 2011(O&M) Date of Decision: 09.08.2011 Kuldip Singh ...Petitioner Versus State of Punjab ..Respondent CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Amardeep Singh Gill, Advocate for the petitioner. Mr. K.S. Pannu, Deputy Advocate General, Punjab. …… RAJESH BINDAL, J. Learned counsel for the petitioner submitted that the present FIR was got registered by the complainant with the allegations that the peti- tioner along with five other persons were owners to the extent of 1/6th share in the common khewat whereas they had sold 1/3rd share i.e. more than their entitlement. The FIR was registered on 1.11.2001. Prior to that a civil suit regarding the same property pertaining to the share of the co-owners in the Khewat was already pending. The civil suit was dismissed on 20.05.2011. The complainant had not been able to prove that the petitioner and the other accused in the FIR were not owners to the extent of the shares sold by them in the common khewat. Even other accused in the FIR were also acquitted. The petitioner was earlier declared proclaimed offender, as at the time of registration of FIR he was abroad. Now the petitioner has come back. Considering the fact that the other accused have been acquitted and even the civil suit filed by the complainant has also been dismissed, in my opinion, the petitioner is not required to be taken in custody. He is di- rected to appear before the Investigating Officer on 19.08.2011 at 10.00 a.m. and in case of arrest, he shall be released on furnishing of bail bonds to the satisfaction of the Investigating Officer. He shall appear before the In- Criminal Misc.-M No.16896 of 2011 2 vestigating Officer as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438 (2) Cr.P.C. The petition stands disposed of. (RAJESH BINDAL) JUDGE 09.08.2011 sharmila