SARABJIT SINGH Vs. BALBIR KAUR
LAWS(P&H)-2014-2-117
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 04,2014

SARABJIT SINGH Appellant
VERSUS
BALBIR KAUR Respondents

JUDGEMENT

R.P.NAGRATH, J. - (1.) THE petitioner has invoked the jurisdiction of this Court under Section 482 Cr.P.C. for setting aside the order dated 9.3.2012 (Annexure P -5) passed by learned Judicial Magistrate Ist Class, Dasuya, in Complaint No. 35 of 1.8.2007 and the order dated 24.9.2013 (Annexure P -7) passed by the learned Additional Sessions Judge, Hoshiarpur in Criminal Revision No. 19 of 8.6.2012/06.09.2013.
(2.) THE petitioner filed a criminal complaint against the respondents for offences under Sections 420/465/467/468/471/120 -B IPC. It was stated that Mohan Lal and Banta Singh had two separate houses and effected an oral family partition on 15.9.1958. Mohan Lal sold his house to Suresh Kumar and Satnam Singh vide sale deed dated 16.8.1971 (Annexure P -1). Banta Singh also sold his share to Dhanpat Rai. Sale deed Annexure P -1 pertains to 13 marlas of the land with pecific boundaries. Suresh Kumar and Satnam Singh further sold 4 1/2 malras of the land in favour of the petitioner vide sale deed dated 3.8.1995 (Annexure P -2). The grievance of the petitioner was that Balbir Kaur respondent No. 1 executed a sale deed in favour of respondents No. 2 and 3, namely; Jaspal Singh and Satnam Singh sons of Malkiat Singh, fully knowing that the property belongs to the petitioner. The respondents are stated to have managed the sale deed by arranging some false witnesses, whereas the petitioner is the owner in possession of the house in question. The petitioner produced the witnesses in preliminary evidence and the learned Judicial Magistrate Ist Class, Dasuya, finding no sufficient grounds to proceed against the respondents dismissed the complaint vide the impugned order dated 9.3.2012 (Annexure P -5). Revision was filed against the said order which was also dismissed by the learned Additional Sessions Judge, Hoshiarpur vide order dated 24.9.2013 (Annexure P -7).
(3.) AFTER having heard learned counsel for the petitioner at considerable length, I find no merit in the instant petition.;


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