Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
  • Section 173 Cr.P.C
  • Section 319 Cr.P.C
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
  • Section 173 Cr.P.C
  • Section 319 Cr.P.C
Smart Summary

Factual and Procedural Background

The petitioner seeks quashing of FIR No. 5 dated 01.01.2008, under which he has been summoned to face prosecution under Section 218 of the Indian Penal Code (IPC). The petitioner, formerly serving as a Patwari, is accused of making a mutation based on a forged Will, which has subsequently gone missing from the records. The FIR was lodged against multiple persons including Balkaur, Jeet Singh, Jalour Singh, Gurjant Singh, and Balbir Singh, but the petitioner alone has been challaned under Section 218 IPC after investigation. The petitioner claims false implication and has been granted pre-arrest bail by the Court. The petitioner argues that the real beneficiaries of the mutation, shown in column No. 2 of the record, have not been charged, and thus seeks quashing of the FIR.

Legal Issues Presented

  1. Whether the petitioner, a public servant, committed an offence under Section 218 IPC by framing an incorrect record with intent to save a person from punishment or property from forfeiture.
  2. Whether the FIR can be quashed on the ground that the real beneficiaries of the mutation have not been challaned.
  3. Whether the trial court should allow the petitioner to raise all pleas related to the charge and the evidence during trial.

Arguments of the Parties

Petitioner’s Arguments

  • The petitioner claims to have been falsely implicated in the FIR.
  • He pleads that no offence under Section 218 IPC is committed by him as he made entries based on documents provided to him.
  • The mutation was contested and sanctioned based on evidence.
  • The real beneficiaries of the mutation have not been challaned, which the petitioner contends is a ground for quashing the FIR.

Respondent-Complainanant’s Arguments

  • The prosecution submits that the petitioner, as a public servant, is liable under Section 218 IPC for framing an incorrect record.
  • The fact that beneficiaries are shown in column No. 2 does not preclude proceedings against the petitioner.
  • The prosecution can apply to summon additional accused under Section 319 Cr.P.C if evidence warrants.
  • Charge is yet to be framed and the petitioner can raise all relevant pleas before the trial court.
  • The investigating agency’s action in showing beneficiaries in column No. 2 may be questionable but is a matter for the trial court to decide.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court analyzed the applicability of Section 218 IPC, which penalizes a public servant who knowingly frames an incorrect record with intent to save a person from punishment or property from forfeiture. The Court noted that the petitioner’s role as a public servant is central to the offence. The petitioner’s reliance on a Will that has gone missing and the resulting mutation are specific allegations that are not in dispute. The Court rejected the petitioner’s contention that the FIR should be quashed merely because the real beneficiaries were not challaned, emphasizing that the offence under Section 218 IPC is committed by a public servant alone. The Court further observed that the prosecution may summon additional accused under Section 319 Cr.P.C if warranted by evidence. The Court deferred detailed consideration of the petitioner’s defenses to the trial stage, highlighting that the charge is yet to be framed and the trial court is the appropriate forum to adjudicate these issues. The Court also remarked that the investigating agency’s decision to show beneficiaries in column No. 2 may not be justified but is a matter for the trial court to examine.

Holding and Implications

The petition for quashing of the FIR is dismissed.

The direct effect of this decision is that the petitioner will face prosecution under Section 218 IPC, and the trial court will consider the merits of the case, including any defenses raised by the petitioner. No new precedent has been established by this ruling.

    Sardul Singh Petitioner v. State Of Punjab

    RANJIT SINGH, J.

    The petitioner prays for quashing of FIR No. 5 dated 01.01.2008 in which the petitioner has been summoned to face prosecution under Section 218 of IPC. The petitioner states that he has been falsely implicated in this FIR and was allowed pre-arrest bail by this Court. This FIR is lodged against Balkaur, Jeet Singh, Jalour Singh, Gurjant Singh and Balbir Singh. After investigation, challan under Section 173 Cr.P.C has been filed against the petitioner under Section 218 IPC.

    The petitioner while serving as Patwari is alleged to have done mutation on the basis of forged Will. It is also stated that the Will has gone missing from the record. Obviously allegations is that the Will was removed from the record. The prayer for quashing of this FIR is made on the ground that the real beneficiaries of the mutation on the basis of said Will have not been been challaned and are shown in column No. 2.

    Reference is made to the provisions of Section 218 IPC which reads as under:-

    “Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture. Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.”

    The offence under Section 218 IPC is by a public servant. The petitioner would plead that no offence under Section 218 IPC is committed by the petitioner and he has been falsely implicated. The petitioner would also plead that he had made entries on the basis of documents provided. The mutation was subsequently contested and the same was sanctioned on the basis of evidence. The allegations against the petitioner are specific and after investigation he is found to have relied on a Will which is not available in record and has gone missing. Merely because the beneficiaries are shown in column No. 2 would not be a ground to quash the proceedings against the petitioner when there are specific allegations against the petitioner for having entered this mutation which fact is not in dispute. Moreover the offence can be alleged against public servant alone.

    Counsel for the respondent-complainant is justified in submitting that on the basis of evidence the prosecution can always move an application to summon an additional accused under Section 319 Cr.P.C and mere fact that the beneficiaries are shown in column No. 2 would not mean that proceeding cannot be held against the petitioner. In any event charge is yet to be framed. The petitioner can raise all such pleas before the trial Court. It is for the trial Court to consider this. The action of the Investigating Agency in showing the beneficiary in column No. 2 may not appear justified. The trial Court would look into this aspect and in case it finds some material against the beneficiaries who have taken advantage of this mutation the Court can act in accordance with law. No case for quashing of the FIR on this ground is made out.

    The present petition is dismissed.

    Use AI to get other relevant cases.

    Comments

    Sardul Singh Petitioner v. State Of Punjab
    (Jan 21, 2013)