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2001 DIGILAW 1419 (PNJ)

Makhan Singh v. State Of Punjab

2001-12-21

V.M.JAIN

body2001
Judgment V.M.Jain, J. 1. This is a petition under Section 482, Cr.PC, filed by the petitioner, seeking a direction to the official-respondents No. 1 to 7 to register an FIR against respondent Nos. 8 to 15, for the offences under Sections 467/468/471/465/420/120B, IPC. 2. It was alleged that since the aforesaid respondents had committed the acts of forgery, cheating, fraud, etc., the petitioner approached the local Police for the registration of the FIR against respondent Nos. 8 to 15, but since the Police failed to register an FIR, even after the petitioner approached the Senior Police Officers, the petitioner filed a criminal complaint for the offences under Sections 193/209/467/468/471/465/420/120B, IPC, against the said respondents, in the Court of JMIC, Nawanshahar. It was alleged that the learned Magistrate sent the said complaint to the SHO, Police Station, Nawanshahar, vide order dated 27.5.1997, with a prayer to investigate the matter and to submit his report. It was alleged that inspite of the aforesaid directions, the Police did not register the FIR and did not investigate the matter, even though it involved cognizable offences. It was alleged that instead the Police gave a detailed report dated 12.8.1997, copy Annexure P5, in which it was found that accused respondent Nos. 8 to 15 were prima facie guilty of having committed the various cognizable offences complained of. It was alleged that since the Police had failed to register the FIR, on the basis of the criminal complaint referred to above and since the Police had given assurance to the petitioner that the FIR shall be registered against the accused respondent Nos. 8 to 15, subject to the condition that the petitioner would withdraw the criminal complaint from the Court, on the assurance of the Police to register and FIR, the petitioner withdrew the aforesaid criminal complaint on 28.3.1998, vide copy Annexure P6. It was alleged that the Police, however, again put off the petitioner on one pretext or the other and finally refused to register the FIR and to take action against the aforesaid respondents. It was alleged that the DSP had held the inquiry when the matter was sent to the Police under the orders of the Magistrate and had found respondent Nos. 8 to 15 guilty of the various cognizable offences. However, inspite that, no FIR was registered by the Police. It was accordingly prayed that directions be given to official respondent Nos. It was alleged that the DSP had held the inquiry when the matter was sent to the Police under the orders of the Magistrate and had found respondent Nos. 8 to 15 guilty of the various cognizable offences. However, inspite that, no FIR was registered by the Police. It was accordingly prayed that directions be given to official respondent Nos. 1 to 7 to register the FIR against respondent Nos. 8 to 15, as per the allegations made in the complaint and the inquiry report. 3. In the written reply dated 3.8.1998, filed by Sh. Surinder Singh, SSP, Nawanshahar, on behalf of the respondent Nos. 1 to 7, it was alleged that the FIR was not registered, in view of the opinion given by the Legal Adviser of the Police, in which he had opined that till the exparte decree in favour of Nirmal Singh and Sandhu Singh, respondents, was not legally got vacated from the civil Court, there was no justification to register the FIR. It was submitted that Dilbagh Singh, DSP, had reported that prima facie a case against the accused was made out, but the matter was referred to DA (legal), who gave his opinion that it would not be proper to register the FIR, as the matter had already been decided in favour of the respondents by the civil court and unless the said exparte decree was got set aside, it would not be proper to register the FIR against the verdict of the civil Court. The correctness of the report submitted by Dilbagh Singh, DSP, was admitted. It was admitted that even though the result of the inquiry was in favour of the petitioner and a prima facie case was made out against the accused, but due to the legal opinion given by DA (Legal), the FIR was not registered. It was further alleged that because of the pendency of the various civil suits, it was not deemed fit to register an FIR, as the matter was already subjudice in the civil Court. 4. I have heard learned counsel for the parties and perused the record carefully. 5. It was further alleged that because of the pendency of the various civil suits, it was not deemed fit to register an FIR, as the matter was already subjudice in the civil Court. 4. I have heard learned counsel for the parties and perused the record carefully. 5. So far as the exparte decrees, in question, are concerned, both these decrees were set aside by the civil Court, under the order dated 20.3.1998, copies Annexures P1 and P2, vide which the exparte decrees dated 16.10.1993, passed in civil suit No. 228/98 titled as Sadhu Singh v. Phuman Singh, etc., and No. 45/93 titled as Nirmal Singh v. Phuman Singh, etc., were set aside by the civil court. Annexure P4 is the copy of the letter dated 22.7.1994 sent by the SSP, Jalandhar, to the DIG, Jalandhar Range, in which it was mentioned that the matter was got inquired into through DSP, Nawanshahar, who had found that fake "Registry" was done by four persons namely Sadhu Singh, Randhir Singh, Nirmal Singh and Satnam Singh, by conspiring together and taking Phuman Singh in confidence by fraud and forgery to usurp the land of Ajit Singh, Jagir Singh, Makhan Singh, Niranjan Singh and Avtar Singh. Annexure P5 is the copy of the communication dated 12.8.1997 sent by the SHO, Police Station, City Nawanshahar, to the JMIC, Nawanshahar, to the effect that after the registration of the FIR, the matter shall be investigated. Annexure P6 is the copy of the order dated 26.3.1998, passed by the Judicial Magistrate, Nawanshahar, vide which the criminal complaint, filed by Makhan Singh, petitioner, before the Judicial Magistrate, was got dismissed as withdrawn, on the ground that Police had given assurance to register the case against the accused. 6. As referred to above, in the written statement filed by Sh Surinder Singh, SSP, Nawanshahar, it was admitted that from the report made by Sh. Dilbagh Singh, DSP, prima facie, a case was made out against the accused persons. However, in view of the report submitted by DA (Legal), that since the matter had been decided in favour of the accused-respondents by the civil Court and unless the exparte decrees were got set aside, it would not be proper to register the case, no case was registered against the accused persons. Thus, it would be clear that even though the inquiry report submitted by Sh. Thus, it would be clear that even though the inquiry report submitted by Sh. Dilbagh Singh, DSP, was against the accused-persons, still no FIR was registered by the Police, in view of the report of the DA (Legal) that contrary to the civil Court decree, no FIR could be registered. As referred to above, the exparte decrees dated 16.10.1993, passed by the civil court, have since been set aside by the civil court, vide orders dated 20.3.1998, copies Annexures P1 and P2. In my opinion, there would be no difficulty for the Police now to register the FIR, on the basis of the complaints submitted by the petitioner before the Police. 7. With regard to the pendency of the litigation before the Civil Court between the parties (referred to in Para 11 of the written statement, filed by Sh. Surinder Singh, SSP, Nawanshahar), suffice it to say that the mere pendency of the civil litigation could be no bar to the registration of an FIR, in view of the law laid down by the Honble Supreme Court in the cases reported as M. Krishnan v. Vijay Singh and anr., 2001(4) RCR(Crl.) 405 and Kamaladevi Aggarwal v. State of West Bengal, 2001(4) RCR(Crl.) 522. 8. In view of the above, the present petition is allowed and a direction is given to SSP, Nawanshahar (respondent No. 4) to get an FIR registered against the accused-persons. It is further directed that the investigation shall be expedited, considering that the matter partains to the year 1994. It is further directed that depending upon the result of the inquiry, final report shall be submitted in the court without any further delay. 9. A copy of this order to be sent to SSP, Nawanshahar, forthwith for strict compliance.