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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASJIT SINGH BEDI, J.
Suneet Kaur – Petitioner
Versus
State of Punjab & Ors. – Respondents
CRM-M NO. 61691 of 2023 (O&M)
Decided On : 02-07-2024
Key Points: - Courts have the inherent power under Article 226 to direct CBI investigations when local probes are compromised or biased (!) (!) (!) . - Such directions can be issued even after a charge sheet is filed or a report under Section 173(2) Cr.P.C. is submitted (!) (!) (!) . - This power must be exercised sparingly and only in exceptional situations where fairness and justice require it (!) (!) . - The CBI can be directed to investigate when there is interference by influential persons affecting the investigation’s impartiality (!) (!) . - The stage of the case or completion of investigations is not an impediment to transferring the probe to an independent agency (!) (!) (!) . - The transfer is intended to ensure a fair trial and protect the integrity of the judicial process (!) (!) (!) . - The High Court’s powers under Section 482 are not limited by procedural provisions if they are necessary to secure justice (!) (!) . - Directions for CBI investigations aim to restore public confidence and eliminate perceptions of bias (!) (!) (!) . - The court emphasized caution in issuing such directions to prevent misuse and ensure the CBI’s limited resources are used effectively (!) (!) . - The present case directed the CBI to complete the investigation preferably within six months (!) .
JUDGMENT
Jasjit Singh Bedi, J.
The prayer in the present petition under Section 482 Cr.P.C. is for the transfer of the investigation in FIR No.207 dated 15.10.2022 (Annexure P-1) registered under Sections 177, 420, 465, 467, 468, 471 IPC at Police Station Dakha, District Ludhiana Rural to an independent agency outside the State of Punjab or under the supervision of an IPS Officer.
2. The brief facts of the case are that one late Lt. General Sant Singh (hereinafter known as the deceased) was the owner of movable and immovable properties including land situated at Village Dakha, Tehsil and District Ludhiana. He died on 27.11.1975 leaving behind his wife, Dharam Kaur, his sons Sardool Singh and Sukhnandan Singh (lunatic) and a daughter, Naseeb Kaur. Sardool Singh is alleged to have prepared an unregistered Will dated 19.10.1975 purportedly executed by the deceased in favour of his grand-daughters namely Geetinder Kaur and Sanjit Kaur daughters of Sardool Singh and Amarjeet Kaur with respect to the land situated in Village Dakha Tehsil and District Ludhiana.
3. Naseeb Kaur the daughter of the deceased (and mother of the petitioner/complainant) instituted a civil suit claiming her share in the estate of the deceased including the land in question. The civil suit was decided on 20.11.2017 by the Court of Civil Judge, Senior Division, Ludhiana. Aggrieved by the said judgment, Naseeb Kaur filed a Civil Appeal No.19 of 2018 which is pending adjudication before the Court of the Addl. District Judge, Ludhiana.
4. The major chunk of the land of the deceased which was under litigation had been acquired by the National Highway Authority of India (NHAI) for the purposes of the Delhi-Katra Express Highway. As per procedure envisaged under the National Highways Act, 1957, the amount of compensation was to be deposited in the Court of the Addl. District Judge, Ludhiana wherein both the parties were litigating with respect to the inheritance of the aforesaid property.
5. On 20.07.2021 (Annexure P-3), emails were sent to the SDM, Ludhiana by Deepinder Singh Gill, Advocate and Ahbaab Singh Grewal (respondent No.5) in favour of Sanjeet Kaur and Geetinder Kaur to the effect that they had given powers of attorney to their mother Amarjeet Kaur to receive the amount of the award and their respective shares be deposited in their bank accounts.
6. Based on the powers of attorney referred to in the emails above, Amarjeet Kaur filed the first set of three affidavits to the effect that there was no litigation pending on the property. Based on the affidavits, the competent authority released an amount of Rs. 28,75,00,106/- (after deducting TDS) in favour of Amarjeet Kaur and her daughters Geetinder Kaur and Sanjeet Kaur on 26.07.2021. The relevant document in that regard is attached as Annexure P-2 to the petition.
7. A second set of affidavits was filed by the accused on 20.05.2022 (Annexure P-15). However, the petitioner came to know about the filing of the false affidavits and the transactions referred to above. Therefore, she filed a complaint to the SSP Ludhiana (Rural) bearing No.2918-PC-1 with the allegations that during the pendency of the appeal in the civil suit, Amarjeet Kaur and her daughters Geetinder Kaur and Sanjeet Kaur had got released an amount of Rs. 28,75,00,106/- by filing false affidavits to the effect that there was no litigation on the property.
The SSP Ludhiana (Rural) marked an inquiry to the S.P. (Headquarter), Ludhiana. On conclusion of the inquiry, the S.P. (Headquarter), Ludhiana found that Amarjeet Kaur had prepared false affidavits on the basis of the powers of attorney of her daughters to the effect that there was no litigation pending with respect to the acquired land and had filed them before the SDM, Ludhiana. Amarjeet Kaur, Geetinder Kaur and Sanjeet Kaur had received the first instalment (approximately of Rs. 28,75,00,106/- after deducting TDS) and therefore an FIR should be registered against all under Sections 420/120B
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