224 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 07.04.2026 Tejinder Singh and others …Petitioners vs.

State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Rehan Gupta, Advocate for the petitioners.

Mr. Amit Rana, Sr. DAG, Punjab.

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N.S.Shekhawat J. (Oral)

1. The petitioners have filed the present revision petition against the impugned judgment dated 24.09.2012 passed by the Court of Additional Sessions Judge (Fast Track Court), Patiala and the judgment of conviction and order of sentence dated 09.03.2010 passed by the Court of Additional Chief Judicial Magistrate, Patiala, whereby the petitioners were convicted and sentenced as under:-

2. The brief facts of the case are that a complaint was made by Karaj Singh s/o Kundan Singh r/o Village Alipur Tehsil and Distt. Patiala to the effect that he was a constable in Punjab Police at Faridkot in the year 1992, but on account of his sickness he absented from his duty and as such his services were terminated. His wife Jasbir Kaur is serving as a teacher in DAV Public School, Balbera. It is alleged that on 29.12.2003 at about 7.00 p.m. when he was present in his house, three Sikh young persons came in a Tata Siara and after stopping the vehicle, they knocked the door of his house. On opening the door, one of them asked if he is Karaj Singh and he disclosed that they are front Secret Department and have come from Chandigarh and they are Government officials. They came inside and started asking about the educational certificates belonging to him and his wife. They informed him that his wife is serving on the certificate of some other lady and as such they will take action against him. It is alleged that the complainant was terrified on hearing this and his father went and called Sarpanch Naffa Singh and Member of Panchayat Jangir Singh to their house and they also spoke to the persons, who came to their house. He disclosed his name as Tejinderpal Singh Cheema Govt. official from Intelligence Department. After discussing with the Sarpanch and member of Panchayat, Tejinderpal Singh said that if an amount of Rs.10,000/- is paid, they will close the case by recording favourable statements. The complainant gave an amount of Rs. 5,000/-in the presence of Sarpanch and also handed over Photostat certificates belonging to him and they also recorded the statement of Jasbir Kaur and obtained the signatures and seal of Sarpanch. They also took the joint photo of complainant and his wife and also the single photo of his wife and he gave his telephone No. 98147-89772 and asked him that on 4.1.2004, he should come with the remaining amount at Passi Road, Near Gurudwara Dukhanjwaran Sahib. It is alleged that on that day, the complainant along with Sarpanch Naffa Singh and Member Jangir Singh were going to hand over Rs. 2,500/- to accused Tejinderpal Singh Cheema. On enquiry by the complainant, he came to know that the accused are not Government officials and they are cheating the people by posing as such. He got his statement recorded. In the statement of complainant, the investigating officer asked the complainant to give him the currency notes which were given by the complainant. The IO noted down the serial number of the notes and also put initials on the notes and gave to him and prepared a memo regarding the same. He instructed the complainant to make the phone call to the accused and to give a signal to the police when he hands over the amount to the accused. Accordingly the complainant went near Passi Road and he handed over the said currency notes to the accused and made a signal to the police party to which they immediately came on the spot and apprehended the accused Tejinderpal Singh Cheema s/o Gursewak Singh r/o village Cheema Distt. Moga. The search of accused was conducted and the said notes were taken into police possession. The accused was holding a diary which was also taken in possession by the police and the photocopy of the cert