- (1.) The petitioner through his cousin as attorney, seeks to invoke inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (Cr.P.C.) for quashing of FIR No. 101 dated 13.7.2005 (Annexure P-15) under Sections 420/467/471/120-B of the Indian Penal Code (IPC) Police Station Machhiwara, Police District Khanna and all the consequent proceedings arising therefrom. Prayer was also made for setting aside the order whereby the petitioner was declared a proclaimed offender.
(2.) Petitioner and respondent No. 4-complainant are the sons of Jeon Singh. The dispute between them arose in respect of property that was held in the name of Jeon Singh. Petitioner was working as an Associate Professor of Ophthalmology at the University of Texas South Western Medical Centre. Respondent No. 4 in his reply also stated that after doing Master of Engineering from IIT Rorkee in the year 1980, he joined as Drilling Engineer in O.N.G.C. Ltd. Bombay but bowing before wishes of his parents to look after them he resigned from the job in the year 1990. Jeon Singh was employed in the British Army and Civil Services in Africa. After retirement he came back to India in the year 1964 and was getting handsome pension. Allegations and counterallegations have been made by these parties with regard to their conduct towards Jeon Singh.
(3.) So far as challenge to the order declaring petitioner as proclaimed offender is concerned, the same has been rendered infructuous, because the petitioner was granted anticipatory bail by this Court on 10.5.2007 passed in CRM-M-28304 of 2007 making interim order 8.5.2007 in favour of the petitioner to be absolute. This order was passed during pendency of instant petition. Respondent No. 4- complainant stated in his additional affidavit dated 4.7.2007 that he preferred Special Leave Petition (Criminal) No. 3099 of 2007 before Hon'ble Supreme Court against the order dated 10.5.2007 passed by this Court in CRM-M-28304-2007 challenging the grant of anticipatory bail to the petitioner and Hon'ble Supreme Court was pleased to issue notice to the State of Punjab and the petitioner. Copy of the order of Hon'ble Supreme Court dated 17.5.2007 is Annexure R-4/A. Learned counsel for the petitioner, however, submitted that SLP was dismissed by Hon'ble Supreme Court on 5.1.2010. Therefore, the instant petition would be confined to the merits of the prayer with regard to the quashing of FIR and all the consequent proceedings arising therefrom.;