Amarjit Kaur v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-64078-2024 (O&M) Date of decision: 05.05.2025 Amarjit Kaur ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. S.K. Kanojia, Advocate for the petitioner.

Mr. Nitesh Sharma, DAG, Punjab.

Mr. Bhanu Pratap Singh, Advocate for the complainant.

HARPREET SINGH BRAR J. (Oral) 1.

Prayer in this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of anticipatory bail to the petitioner in FIR No.0070 dated 26.08.2024 registered under Sections 177, 420, 465, 467, 468, 471 IPC, at Police Station Garhdiwal, District Hoshiarpur.

2.

As per the allegations, the FIR (supra) was registered on the basis of a letter written by Ms. Jaswinder Sheemar, learned Additional District & Sessions Judge, Hoshiarpur to the S.S.P. Hoshiarpur, wherein it is alleged that Amarjit Kaur (petitioner herein) had forged the order dated 30.4.2024 and affixed fake seal and stamps of Copying Agency as well as that of Judicial Magistrate Ist Class, Dasuya and produced the said order before the Naib Tehsildar

Garhdiwal and got effected the entry No. 328 dated 13.06.2024 in the Jamabandi for the year 2018-19 of village Raghwal Tehsil Dasuya District Hoshiarpur. The revenue authority, without verifying the said order dated 30.04.2024 to be genuine or not entered the entry No.328 in the Jamabandi for the year 2018-19 and thereafter, said Amarjit Kaur had alienated the property in dispute in favour of one Nirmal Kaur wife of Ranjit Singh and got effected mutation entry No.1577 dated 19.6.2024. It was found that the order dated 06.03.2023, which was actually passed by the Court of Sh. Jatinder Pal Singh Khurmi, the then learned Additional District & Sessions Judge, Hoshiarpur bears fake seal/stamp of Examiner Copying Agency as well as round seal of Judicial Magistrate Ist Class, Dasuya and prepared forged copy of order dated 08.03.2023.

3.

Learned counsel for the petitioner, inter alia, contends that the petitioner has been made scapegoat as she is an illiterate lady, and thus, she does not have a required expertise and knowledge to create fake orders of the Court of competent jurisdiction by affixing the seal of the Court concerned. In fact, her husband was suffering from Cancer and he has handed over the fake orders to the petitioner by saying that the case has been decided in their favour, on the basis of which, the petitioner under the bona fide belief has got the sale deed executed. The petitioner is a household lady aged about 65 years and the entire case of the prosecution is based upon documentary evidence and as such, the custodial interrogation of the petitioner is not required.

4.

Learned counsel for the complainant/victim submits that the contention raised by the petitioner are factually incorrect because the petitioner and her son are now trying to shift the burden on her dead husband. Further, the FIR (supra) has been registered on the basis of the complaint sent by learned Additional Sessions Judge, Hoshiarpur. The petitioner along with her son and the revenue officials have committed the crime and they have also polluted the stream of justice by preparing fake orders of the Court concerned.

5.

On the other hand, learned State counsel, on instructions from DSP Davinder Singh Bajwa, Sub-Division Tanda, District Hoshiarpur, submits that during the investigation, it has been found that the petitioner has prepared the order dated 30.04.2024 and affixed fake seals and stamps that too of learned Judicial Magistrate Ist Class, Dasuya and produced the same before Naib Tehsildar, Garhdiwala and got effected the Entry No.328 dated 13.6.2024 in the Jamabandi for the year 2018-19 of village Raghwal Tehsil Dasuya District Hoshiarpur. Further the petitioner fabricated the order dated 08.03.2023, passed by learned Additional District Judge, Hoshiarpur and thereafter, on the basis of the change in revenue record, she executed one sale deed qua the property, in dispute on 19.06.2024, knowing fully well that status quo order has been passed in favour of the victim by concerned Court as such, custodial interrogation of the petitioner would be required to unearth the scam.

6.

I have heard learned counsel for the parties and perused the record with their able assistance.

7.

Considering the serious allegations of forging judicial documents and using them to manipulate revenue records for executing a sale deed, this Court finds no ground to grant anticipatory bail to the petitioner. The claim of being an illiterate woman appears to be an afterthought, especially when the investigation reveals her active involvement along with others accused. Accordingly, keeping in view the gravity of the offence, its potential impact on the justice delivery system and the necessity of a thorough investigation, the present petition is dismissed.

(HARPREET SINGH BRAR) JUDGE 05.05.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No