- (1.) Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure,1973 seeking quashing of the complaint No. 262 dated 23.11.2005 titled as 'Nirmal Singh vs. Malkiat Singh and others (Annexure P1) and summoning order dated 25.4.2009 (Annexure P5) .
(2.) The case of the complainant,in brief, is that the complainant, Zora Singh and the petitioners were real brothers. Bhag Sing, father of the complainant, petitioners and Zora Singh had died on 18.1.1999. Bhag Singh had executed a registered Will dated 15.12.1994 in favour of the complainant and his brothers. On 18.1.2001, complainant had filed a civil suit against the petitioners, Zora Singh and Gurmail Singh seeking share in the tractor owned by his father. In the written statement, petitioners and accused Zora Singh had stated that the tractor in question had already been transferred in the name of Zora Singh by Bhag Singh during his life time. Accused- Sukhwinder Pal Singh had admitted the fact that there was no document with regard to the tractor in question in the record of the District Transport Office, Faridkot. The civil suit was decreed in favour of the complainant. The appeal filed by the petitioners and Zora Singh was dismissed on 03.10.2005. It was held that the forged entry had been made in the name of Zora Singh in connivance with accused-Amarjit Singh and Sukhwinder Pal Singh.
(3.) The complainant led his preliminary evidence in support of his case. The trial Court vide impugned order dated 25.4.2009 ordered the summoning of the petitioners and Zora Singh and Sukhwinder Pal Singh to face the trial qua commission of offence punishable under Sections 420,468,471 and 120-B of the Indian Penal Code.;