T.P.S.MANN,J - (1.) THE present petition has been filed for seeking registration of FIR against respondent No. 5.
(2.) IT has been submitted that the petitioner Society is involved in religious and charitable affairs. The Society looks after the affairs of Dharamshala since time immemorial. There is a Smadh of Baba Malha in the Dharamshala situated at B-IV-1120, Mohalla Sudan, Ludhiana. The Society owns a number of buildings. One Parma Nand was appointed as care-taker of Dharamshala to collect the rent and to deposit the same with the Panchayat. Aforesaid Parma Nand died in the year 1996-97. A number of properties, owned by the aforesaid Society were rented out to different tenants. Respondent No. 5 is nephew of aforesaid Parma Nand. But respondent No. 5 was neither appointed as Chela of said Parma Nand nor he was authorised to deal with the properties of the Dharamshala in any manner. The society was also owner of House No. B-II-1055 (old) B-IV-1076 (new), Mohalla Sudan, Ludhiana measuring 58-1/2 sq. yards comprising of two rooms, two stores, stairs, bathroom, verandah. Shri Raj Kumar Kapoor is one of the tenants in the aforesaid property owned by Panchayat Mohalla Sudan, Ludhiana Dharamshala. Apart from the aforesaid property, Dharamsala owns another building bearing No. B-II-1018 (old) B-IV- 1122 (new), Mohalla Sudan, Ludhiana. Amar Singh and Jaswant Singh both sons of Bachan Singh were also tenants in the said house. Piara Nand, respondent No. 5, who claimed himself to be a Chela of Mahant Parma Nand, instituted a suit against Sudesh Kumar and Tarsem Lal and many others including President of the Society titled Mahant Piara Nand v. Sudesh Kumar and others. In the said suit during cross-examination, Mahant Piara Nand denied having sold the property in question. One day Narinder Kapur and Raj Kumar Kapur along with members of his family tried to raise construction in the aforesaid house of Dharamshala. Members of the Panchayat went to the spot and asked the aforesaid persons not to raise constructions as the said property belongs to Panchayat Mohalla Sudan. The aforesaid persons told the members of the Panchayat that they have purchased the property from Piara Nand. It is at that point of time when it was discovered that Piara Nand respondent No. 5 had allegedly sold the property in question to Kapoors which did not belong to him but belonged to the aforesaid Society/Dharamshala. Parma Nand was merely a care-taker and had been entrusted with right to collect the rent on behalf of the Society. Similarly aforesaid Amar Singh and Jaswant Singh tried to raise constructions on the house which was in their occupation as tenant and when stopped by members of the Panchayat, they were told that they had purchased the said house purportedly by sale deed dated 28.2.1992 executed by Piara Nand. The aforesaid incidents happened in the year 2001. The aforesaid properties belonged to Dharamshala Mohalla Sudan which were meant for the common benefit of the residents of the area and that building owned by the Dharamshala Mohalla Sudan were/are being used by the community and that the income derived from the property used for celebrating auspicious occasions, like Vaisakhi, Janam Ashtami and for conducting other religious affairs. Therefore, said properties did not belong to any individual much less to respondent No. 5. Respondent No. 5 by selling the aforesaid property, by posing himself to be owner, committed offence under Sections 420, 468, 469, 470 and 471 IPC. As soon as Panchayat Mohalla Sudan (Regd.) came to know about the sale of the aforesaid properties belonging to Dharamshala in the year 2001, it applied for supply of the certified copies of the sale-deeds dated 4.12.1991 and 28.2.1992. At that point of time, it was discovered that Mahant Piara Nand alleged Chela of Mahant Parma Nand, vide sale-deed dated 4.12.1991, sold house No. B-II-1055 (old) B-IV-1076 (new) measuring 58-1/2 sq. yards for a meagre amount of Rs. 25,000/- to Smt. Kiran Kapur wife of Narinder Kapur and Smt. Madhu Kapur wife of Raj Kumar Kapur, residents of 494, College Road, Civil Lines, Ludhiana and by sale-deed dated 28.2.1992 sold house No. B-II-1018 (old) B-IV-1122 (new) to aforesaid Amar Singh and Jaswant Singh.
(3.) THE petitioner had made a representation to Additional Director General of Police, Punjab, Chandigarh with a prayer that a case be registered against respondent No. 5 for selling the property in question and causing wrongful loss to the Dharamshala Mohalla Sudan, Ludhiana (Regd.). However, no action had been taken by the police although a direction was issued by Additional Director General of Police to Senior Superintendent of Police, Ludhiana for getting the matter investigated.;