CRM No. M-637 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-637 of 2009 Date of decision: 4.2.2009 Boor Singh ...Petitioner Versus The State of Punjab ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. O.P. Arora, Advocate, for the petitioner. Rajan Gupta, J. This is a petition under Section 482 Cr.P.C. for quashing the FIR No.395 dated 20th November, 2008, under Sections 420, 467, 468, 471, 120-B IPC, registered at Police Station Sadar, Fazilka. Learned counsel for the petitioner has submitted that Sub Divisional Magistrate, Fazilka has given him a clean chit as is clear from a perusal of his report, Annexure P-2. According to the counsel, despite the report dated 22.2.2008, Annexure P-2, the instant FIR has been registered against him on the basis of a letter written to Senior Superintendent of Police/Deputy Commissioner, Ferozepur by the complainant Balbir Singh. The counsel has further submitted that Deputy Commissioner has wrongly came to the conclusion that the petitioner had illegally changed the Girdawari in the name of Sukhdev Kumar son of Mukand Lal to the extent of 2/3rd share and Darshan Singh son of Gopal Singh to the extent of 1/3rd share while ownership of CRM No. M-637 of 2009 2 the land was with the provincial government. According to the counsel, the petitioner had changed the Girdawari strictly according to the statement of legal heirs of Gopal Singh as attested by Gurcharan Singh, the then Lambardar of village Ganj Bakshani. After hearing the counsel for the petitioner, I am of the considered view that there is no ground for quashing of the FIR in question. The allegations levelled in the same are serious in nature. The factual pleas raised by the petitioner cannot be gone into at this stage while exercising inherent jurisdiction under Section 482 Cr.P.C. Essentially, the said pleas of the petitioner can be considered only after the evidence is led before the trial court. The contention of the petitioner that FIR could not be registered against him as S.D.M. Fazilka had given him clean chit vide report, Annexure P-2, is devoid of any merit and is hereby rejected. In view of the above, this petition for quashing of FIR is hereby dismissed. However, nothing observed herein above, shall be considered to be an opinion on merits of the case. (RAJAN GUPTA) JUDGE February 04, 2009 'rajpal'