NIRMAL YADAV, J. - (1.) VIDE this petition seeks quashing of FIR No. 95 dated 22.10.1997, under Sections 465, 468, 471, 420 IPC, Police Nawashahar and the proceedings emanating therefrom pending in the Court of Judicial Magistrate Ist Class, Nawashahar.
(2.) THE question raised in the present petition is - Whether a person who has been acquitted for an offence by a Court of competent jurisdiction can be tried again for the same set of offences ? The petitioner is a Lambardar of village Khatkar Kalan, Tehsil and District Nawashahar. He is also a Mahant of Dera and associated with religious institutions. On 22.1.1982, one Dharam Singh executed a Will bequeathing his property in favour of Sukhwinder Singh and Lakhwinder Singh, sons of Sohan Singh. The petitioner was an attesting witness to the said Will. He had no interest in the property nor he acquired any benefit thereof. Harminder Singh (Attorney of Parkash Singh and Gurmej Kaur) son of Chain Singh, resident of village Paddi Sura Singh filed a complaint, alleging that the Will executed in favour of Sukhwinder Singh and Lakhwinder Singh was a forged document. The allegation against the petitioner was that he had conspired with the accused in fabrication and registration of the aforesaid Will.
(3.) AS per petitioner, he never met the accused persons before the date of execution of the Will. He had simply attested the Will as a witness. The petitioner along with co-accused was tried in the Court of Judicial Magistrate Ist Class, Nawashahar. He was acquitted by the Judicial Magistrate Ist Class vide order dated 10.12.1994. Against the order of learned Magistrate, the complainant filed an appeal in the Court of Sessions Judge, Jalandhar. During the pendency of the appeal, complainant-Harminder Singh submitted an application to the Senior Superintendent of Police, Jalandhar, alleging the same allegations as contained in the complaint filed earlier by him in the Court of Judicial Magistrate Ist Class, Nawashahar. On the application submitted by Harminder Singh, the Senior Superintendent of Police ordered investigation and FIR in question i.e. FIR No. 95 dated 22.10.1997, under Sections 465, 468, 471, 420 IPC, Police Nawashahar was registered against the petitioner and other accused persons. It is pleaded that the allegations as contained in the above FIR have already been adjudicated upon by the Court of Judicial Magistrate Ist Class, Nawashahar, therefore, the petitioner cannot be tried again for the same offences.;