IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH

1 CRR-339-2010 HARISH CHANDER ... Petitioner VERSUS STATE OF HARYANA ... Respondent

2 CRR-529-2010 CHANAN SINGH ... Petitioner VERSUS STATE OF HARYANA ... Respondent A N D

3 CRR-557-2010 Judgment reserved on: 08.09.2025 Judgment Pronounced on: 17.09.2025 RAJA RAM AND OTHERS ... Petitioners VERSUS STATE OF HARYANA ... Respondent CORAM: HON'BLE MR. JUSTICE H.S. GREWAL.

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Present: Mr. Atul Lakhanpal, Sr. Advocate with Mr. Karan Jangra, Advocate for the petitioner in CRR-339-2010.

Mr. S. S. Narula, Advocate for the petitioner in CRR-529-2010.

Mr. Rakesh Nehra, Sr. Advocate with Mr. Lakshay Malik and Mr. Vikalp Hooda, Advocates for the petitioners in CRR-557-2010.

Mr. Tapan Masta, Addl. A.G., Haryana.

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H.S. GREWAL, J.

By virtue of this common order, this Court shall decide all abovementioned criminal revisions since the same have arisen out of the same dispute. For the sake of brevity and convenience, the facts are, however, extracted from CRR-339-2010.

The said revision petition has been preferred by the petitioner against the judgment of conviction dated 02.11.2007 and order of sentence dated 05.11.2007 passed by the then learned Chief Judicial Magistrate, Fatehabad in case bearing No.322-1 of 1996 titled as State Versus Prem Kumar @ Kala and others, arising out of FIR No.255 dated 22.07.1996 under Sections 420, 466, 467, 468 and 471 of IPC registered at Police Station Sadar Fatehabad; and subsequent judgment dated 28.01.2010 passed by the then Sessions Judge, Fatehabad whereby the appeals filed by petitioners had been dismissed. The petitioners have been sentenced by the trial Court as under:

All sentences were ordered to run concurrently.

2. In brief, the controversy involved in the present petition is that the accused/petitioners, in connivance with each other got forged a judgment and decree sheet dated 07.08.1989 alleged to be passed in Civil Suit No.864 of 1989 titled as Subhash Chander and Another Versus Bhagwan Devi and Others by the Court of Shri Jagdev Singh, the then Sub Judge IInd Class, Hisar and on the basis of said forged decree sheet, petitioners Subhash Chander and Prem Kumar got a mutation No.2303 dated 12.06.1992 sanctioned from AC-II Grade Fatehabad and thereby, fraudulently sought transfer of 14 kanals of land belonging to complainant Krishan Lal in their favour. The controversy came to light when complainant Krishan Lal moved an application for seeking certified copies of judgment and decree dated 07.08.1989 passed in Civil Suit No.864 of

1989, whereupon it was final revealed that no such civil suit was ever filed in the Court of Shri Jagdev Singh, the then Sub Judge IInd Class, Hisar. A prima facie case under Sections 466, 467, 468 and 471 of IPC was made out and apart from the beneficiaries, the involvement of some revenue officials/officers was also suspected. Resultantly, FIR No.255 dated 22.07.1996 under Sections 420, 466, 467, 468 and 471 of IPC was registered at Police Station Sadar Fatehabad and investigation was conducted. Upon completion of investigation, a report under Section 173 of Cr.P.C. was presented before the Court concerned. However, in view of the directions issued by this Court in Criminal Misc. No.17772-M-96 on 25.02.1997, the matter was entrusted to CBI and a case bearing No.RC.6(S)97-SIU.V/SIC.II/CBI/New Delhi was registered for further investigation. In its investigation, the CBI found out that petitioners Subhash Chander and Prem Kumar had fraudulently got transferred in their favour a chunk of land measuring 14 kanals belonging to Krishan Lal and his family members namely Bhagan Devi, Salwanti Devi, Bhup Singh, Ram Narain, Ram Chander, Rameshwar, Pyare Lal, Parmeshwari, Shanti, Om Parkash and Ram Sarup on the basis of forged mutation No.2303 dated 07.06.1992 which was sanctioned in compliance of forged and fabricated judgment and decree dated 07.08.1989. Krishan Lal had moved a complaint before Shri R.P. Bajaj, the then District & Session