Forgery plaint: Former DSP, 8 others summoned to face trial
Ramkrishan Upadhyay
Chandigarh, April 13
Finding a prima facie case against nine persons, including Kamaldeep, former Deputy Superintendent of Police (DSP), and Yashpal, former Inspector of Economic Offences Wing (EOW), Chandigarh Police, Judicial Magistrate (First Class) Puneet Mohinia has issued notices for April 26 to face trial in a complaint case filed by Satish Kumar Saini, resident of Mohali, Punjab. The accused also include five officers of LIC Housing Finance Ltd.
“The court is of the considered opinion that a prima facie case is made out against accused Kamaldeep under Section 506 of the IPC, former inspector Yashpal under Sections 167 and 120-B of the IPC, Kuljit Singh and Jasbir Kaur under Section 120-B, Dushyant and Vinay Thapa under Section 177 and 120-B of the IPC, Charanjit Singh under Section 167 and 120-B of the IPC and Rakesh Aggarwal and Mohinder Kumar under Section 120-B of the IPC,” said the court in the order.
Saini had filed a complaint under Section 190 read with Section 200 of the CrPC for proceedings under Sections 211, 217, 218, 219, 166, 167, 196, 199, 200, 201, 202, 203, 119, 406, 409, 477, 506 and 120-B of IPC against the accused.
In the complaint, Saini said he purchased a 1 kanal 15 marla plot from LIC Housing Finance Ltd by way of private treaty mode of SARFEAESI Act. An agreement to sell was executed between him and LIC Housing Finance Ltd in 2008 through its authorised officer Vinay Thapa against the earnest money of Rs 1,02,565. Thereafter, a no-due certificate dated March 31, 2009 was also issued in his name. Thereafter, he requested LIC Housing Finance Ltd to issue a sale certificate, but to his utter surprise he received a letter on March 18, 2011 from LIC Housing Finance Ltd stating that the plot had been jointly purchased by him and a woman, Jasbir Kaur. He claimed that Jasbir never purchased the plot and the agreement to sell was executed between him and LIC Housing Finance Ltd.
He filed a complaint before the UT DIG for forgery of documents. An FIR under Sections 420, 406, 409, 423, 464, 467, 468, 471 and 120-B of the IPC was registered for the forgery of documents against Vinay Thapa, Jasbir Kaur and Charanjit Singh on the directions of the Punjab and Haryana High Court on November 27, 2014.
He alleged that Kamaldeep threatened him of dire consequences if he did not enter into a compromise with Jasbir Kaur and Kuljit Singh. He also alleged that Inspector Yashpal in conspiracy with other accused persons prepared an incorrect report dated April 6, 2012.
After hearing the arguments, the court said it was of the considered opinion that a prima facie case was made out against accused persons under different sections of the IPC. So, all accused be summoned for April 26, 2023. The court said want of sanction under Section 197 of the CrPC was no bar against accused persons as the alleged act on their part was not in discharge of official duty. Most importantly, question of sanction in the present case was to be determined during the course of trial on the account of peculiar facts and circumstances of the case.
