Crl. Misc. No. M-21453 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-21453 of 2010 (O&M) Date of Decision: July 30, 2010 Swaran Singh ........Petitioner Versus State of Punjab .......Respondent CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. K.S. Dhillon, Advocate, for the petitioner. Ms. Rajni Gupta, Addl. A.G. Punjab. SABINA, J. Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in FIR No.341 dated 19.10.2009, under Sections 420,467,468,471,120-B of Indian Penal Code, Police Station- Division No.4, Jalandhar. The contents of the FIR as reproduced in para 1 of the petition read as under :- “...........To the Senior Superintendent of Police Jalandhar. Against : 1. Sukhdev Singh son of Bhola Singh, resident of Kaasu Mandi. 2. Satwinder Singh son of Sukhdev Singh, resident of Mandi Kaasu. 3. Nirmal Kaur wife of Gurpal Singh, resident of Lohian Khas. Subject : Regarding causing unnecessary harassment and giving threats of killing. Sir, It is prayed that I, Naseeb Kaur wife of late Shri Harnam Singh, am resident of Mundi Kaasu, Tehsil Shahkot, District Jalandhar. In the year 19966, land measuring 05 Acre 02 Kanals situate at Crl. Misc. No. M-21453 of 2010 (O&M) 2 Mundi Kaasu, Tehsil Shahkot was allotted to us by Punjab Government, against which all the installments were deposited by my husband late Satnam Singh. The said land is bearing Khatauni No.69. My husband Satnam Singh expired in the year 2003. I had appointed my brother Swaran Singh son of Veer Singh, Village Jallowal Colony, Police Station Bhogpur, District Jalandhar for managing affairs of the said land, but he, in connivance with his sons, got executed a forged Power of Attorney in the year 2006 by presenting some fake person and sold out the land to some other party, regarding which, we came to know on later stage in the year 2006. In the year 2009, I got the girdawri of the said land entered in my name and I am coning in possession of my land and at present, have sown wheat crop in the said land. But the above noted accused are threatening to kill me and are not allowing to harvest this crop. Sir, they have earlier also submitted applications to Tehsildar, Shahkot in Tehsil Complex, Shahkot regarding girdawari of the land, but the Tehsildar, Shahkot decided the same in my favour and sanctioned the girdawari in my favour, but even then, the said accused use to cause harassment to me (widow). But now, the accused have filed a false appeal on 17.3.2009 before the Court of Sub Divisional Magistrate, Shahkot. I have been called upon on 17.4.2009. Sir, the above noted accused persons are causing harassment by way of giving wrong application and filling false appeals and the said accused are trying to grab my land by way of mounting pressure on me. I am not residing in my land since past few days due to fear and have been residing in the house of Bakhtawar Singh son of Satnam Singh at Village Crl. Misc. No. M-21453 of 2010 (O&M) 3 Kang Khurd. Some days back, on 16.03.2009, I have got conducted demarcation of the said land. I along with Bakhtawar Singh son of Satnam Singh, Village Kang Khurd had gone to see my wheat crop, when Sukhdev Singh son of Bhola Singh, his son Savinder Singh and his wife hurled abuses to us and said that you, bitch just get lost from here, otherwise you will be shot dead. If you dared to come to harvest the wheat crop, you will not go alive. Now, the wheat crop is ready for harvesting. Please extend help to me, a widow lady and protect my life and liberty and get the wheat crop harvested in legal manner. I will be thankful to you." After hearing the learned counsel for the petitioner, I am of the opinion that the instant petition deserves dismissal. The allegations levelled against the petitioner are serious in nature. Petitioner might be required for custodial interrogation. Dismissed. (SABINA) July 30, 2010 JUDGE Anand