Ritu Bahri, J. - (1.) PRESENT petition has been filed under Section 482 Code of Criminal Procedure for quashing of FIR No. 9 dated 26.3.2007 under Section 420 IPC and under Section 13(1)(C)(D) read with Section 13(2)88 of PC Act registered at police station Vigilance Bureau, Jalandhar (Annexure P -4).
(2.) THE brief facts of the case are: Kartar Singh @ Kartara having four brothers namely Ram Lal, Bhaggu, Gulzari and Rajja Singh, were owners in possession of land measuring 5 Kanal -5 Marlas in Khasra No. 39//7/3, Hadbast No. 246 in equal shares in village Khanwaspur, Tehsil and District Hoshiarpur. As per the revenue record and jamabandies for the year 1992 -93 and 1997 -98 the ownership is in favour of the above said persons. Rajja Singh died in the year 1976. During his life time he executed a Will in favour of his son Balvir Singh and grandson namely Jasvir Singh in respect of their share of land measuring 1 Kanal -1 Marlas out of 5 Kanal -5 Marlas. As per the Will, the revenue authorities sanctioned mutation in their favour. On 4.3.1993, 12 Marlas of land out of Khasra No. 39//7/3(5 -5) was sold by Kartar @ Kartara, Gulzari @ Gulzara and Balvir Singh. On 14.10.1993, as per the registered sale deed moved an application for demarcation of the land and on 16.10.1993 the demarcation was done by the Tehsildar. Thereafter a mutation in favour of Gurbachan Singh -Petitioner was sanctioned. In the jamabandi for the year 2002 -03, the Petitioner has been shown as owner for 0.12 Marlas of land. In the year 2005, one of the co -sharers namely Tarsem Singh s/o Ram Lal made a complaint to the Vigilance Bureau that the land measuring 5 Kanal -5 Marlas in Khasra No. 39//7/3, Hadbast No. 246 in village Khawaspur, Tehsil and District Hoshiarpur was acquired by the Industries Department in the year 1962 and the Petitioner, Kartara along with Gulzari have wrongly sold this land to the Petitioner Gurbachan Singh. After due inquiries, the Vigilance Bureau got registered an FIR No. 9 dated 26.3.2007 under Section 420 IPC and under Section 13(1)(C)(D) read with Section 13(2)88 of PC Act at police station Vigilance Bureau, Jalandhar.
(3.) A civil suit was filed for declaration by Kartara (vendor of the Petitioner) that they were owner of the land along with present Petitioner Gurbachan Singh and one Rajiv Kumar regarding 5 Marlas of land bearing Khasra No. 39//7/3 situated in village Khawaspur District Hoshiarpur was co -Defendant in the civil suit. In the civil suit Petitioner filed written statement claiming the benefit of being vendee from the Plaintiffs. The Civil suit is still pending. An application was moved by the Petitioner to the Director General of Police, Punjab, Chandigarh stating that he was bona fide vendee and rightly purchased 0.12 Marla of land from the vendors.;