S.D.BAJAJ,J - (1.) VIDE memo No. 914/R-II dated June 23, 1987, Joint Sub-Registrar, Rajpura, reported to the Sub Divisional Magistrate, Rajpura that five petitioners in Cr. Misc. No. 7232-M of 1988 had got sale deed No. 1582 dated June 15, 1987, registered in their favour through impersonation of vendor Bihari Charan, who was missing from the village for the last over two years by then as disclosed by attesting witness Balwant Singh, Headman. The Sub Divisional Magistrate, in turn, got the case registered against the petitioner with Rajpura Police vide F.I.R. No. 165 dated June 30, 1987, Annexure P-1.
(2.) VENDED in the sale deed arrayed as petitioners in Cr. Misc. No. 7232-M of 1988, have come to this Court for quashing of the FIR on the grounds that being against law and facts, it is an abuse of the proces of the Court. It was urged on behalf of the petitioners that the land sold to them by Bihari Charan was in their possession for the last over thirty years; that it was practically a case of no evidence against the petitioners because Balwant Singh, Headman the only witness against them had himself identified Bihari Charan vendor before the Joint Sub Registrar and that after June 30, 1987, the challan against the petitioners had not been filed by the police in Court.
(3.) NONE of the grounds alleged on behalf of the petitioners warrants quashing of the FIR Annexure P-1 because long permissive possession for about thirty years over the land allegedly sold to them by vendor Bihari Charan, inaction attributed to the police for a period of one year and three months from June 30, 1987 to October 1, 1988 and Balwant Singh Headman, being the solitary witness against the petitioners, in any way detracts from the criminality attributed to the petitioners in Annexure P-1. The three grounds aforesaid can only be urged by the petitioners as their defence in the course of prosecution which may eventually be launched against them by the police cannot be availed of by them for getting the FIR against them quashed from this score.;