J.S.SEKHON,J - (1.) THIS petition is directed under the provisions of Section 482 of the Code of Criminal Procedure, 1973, by Shri Gurnam Singh, Tehsildar, for quashing the complaint dated 3rd October, 1987, Annexure P.1 and the order dated 12th November, 1987 passed by Sub Divisional Judicial Magistrate, Annexure P-2, summoning the petitioner and two others to face trial for the offences under Sections 167/418/420/465/468 read with Section 34 of the Indian Penal Code.
(2.) BRIEFLY , the factual matrix of the case is that Gurnam Singh, petitioner, while posted as Tehsildar, Khanna, sanctioned mutation No. 2321 on 3rd July, 1986, with regard to the exchange of land belonging to Kartar Singh complainant and his brothers namely, Babu Singh and Nahar Singh with Mewa Singh one of the accused, in collusion with Shri Pritpal Singh, Halqa Patwari. It is alleged by the complainant that he or his brothers never agreed to such exchange of land and that they never appeared before the Tehsildar or the Patwari for the sanctioning of this mutation. Kartar Singh filed the above referred complainant against Gurnam Singh Tehsildar, Pritpal Singh Patwari and Mewa Singh on 3rd October, 1987 after he failed to get any redress from the concerned authorities. The trial Court after recording the preliminary evidence of Kartar Singh (P.W. 1), Baldev Singh (PW.2), Bant Singh (P.W.3), Jugraj Singh (P.W.4), Mewa Singh (P.W.5) and Mani Singh (P.W.6) found prima facie case against the accused persons for the aforesaid offences and summoned them to face trial vide impugned order, Annexure P.2.
(3.) THE main controversy in the present petition is whether the Tehsildar while sanctioning mutation under Section 34 of the Punjab Land Revenue Act, is a Judge or whether the protection of the provisions of Section 197 of the Criminal Procedure Code, 1973, are attracted in this case for holding that the trial Court could not have taken cognizance of the offences as the State Government was the appointing or the dismissing. Authority or whether the alleged offences were committed while acting or purporting to act in the discharge of the official duties.;