JUDGMENT

Mr. Pankaj Jain, J. (Oral)

This petition has been filed under Section 482 Cr.P.C. seeking transfer of FIR No.133, dated 10th of March, 2022 registered for the offences punishable under Sections 452 , 323, 506, 427, 120B, 148 and 149 of the INDIAN PENAL CODE , 1860 at Police Station Zirakpur, District SAS Nagar, to Central Bureau of Investigation or to a Special Investigation Team under the supervision of a Senior IPS Officer, who can take a holistic view.

2. The facts of the case indeed reveal a shocking tale how the process of law has been abused by unscrupulous elements. The petitioners call it 'Forum shopping' but it seems to be beyond that.

3. While issuing notice of motion this Court noticed facts in detail and passed following order: :

"Present petition has been filed by petitioner-Guru Nanak Vidya Bhandar Trust, Daryaganj, New Delhi through its Manager Harjit Singh seeking transfer of case FIR No.133 dated 10.03.2022 under Sections 452, 323, 506, 427, 120B, 148 and 149 IPC, registered at Police Station Zirakpur, District SAS Nagar, to the Central Bureau of Investigation or to a special investigation team under the supervision of a senior IPS officer.

The pleaded case of the petitioner in the present petition is that Guru Nanak Vidya Bhandar Trust, Daryaganj, New Delhi, was created way back in the year 1924 and had to its distinction eminent persons as trustees for the purpose of imparting education. The trust which has been in existence for over 100 years purchased various properties from time to time. An imposter trust was created by the accused persons, namely, Rajinder Kumar son of Sona Ram and Sarabjit Singh son of Harnam Singh in the name of Guru Nanak Vidya Bhandar Trust, New Delhi. The dispute in the present case pertains to the property owned by the petitioner-trust measuring 8 acres, situated at Village Nabha, VIP Road, Zirakpur, which currently has a market value of over Rs.100 crores and FIR No.133 dated 10.03.2022 (Annexure P-1) was registered at Police Station Zirakpur, District SAS Nagar for offences under Sections 452, 323, 506, 427, 120B, 148 and 149 IPC at the instance of the manager of the petitioner-trust against the accused persons, namely, Sanjeev Kumar Gabha; Rajesh Kumar Gabha; Rajinder Kumar and Sarabjit Singh. It has further been averred that certain documents were forged by these four accused persons in an attempt to gain title over the property and one such document is a certificate which was allegedly issued under the Cooperative Societies Act on 10.10.1980 (Annexure P-9), bearing the stamp of N.C.T., New Delhi. The document being forged and fabricated is borne out of the fact that N.C.T., Delhi was created in the year 1991. Thereafter, the said four persons namely, Sanjeev Kumar Gabha; Rajesh Kumar Gabha; Rajinder Kumar and Sarabjit Singh filed a civil suit before the Civil Court at Dera Bassi along with applications under Order 39 Rules 1 and 2 CPC. Initially, ad-interim injunction was granted by the Court of learned Civil Judge (Jr. Divn.), Dera Bassi, vide order dated 08.03.2022 but later on vide order dated 04.04.2022 the said application was dismissed with the following observations: -

"13. The entire record prima facie shows that plaintiffs have not come to court with clean hands and are thus not entitled to discretionary relief of injunction. The facts putforth by defendant no.1 in written statement apparently provide that plaintiffs have concealed material facts from the court. For instance, a notice Annexure D16 dated 23.02.2022 was issued by the office of ADC, SAS Nagar (Mohali) to plaintiff no.1 as well as one Inderdeep Singh, President of Guru Nanak Vidya Bhandar Trust, New Delhi with respect to a complaint moved by said Inderdeep Singh being President of the trust alleging land grabbing by plaintiffs. Plaintiffs have apparently very cleverly concealed about such fact and not disclosed the same in plaint or in any application on record. Moreover, bare perusal of written stat