State of Punjab and others … Versus Guru Nanak Vidya Bhandar Trust, Daryaganj, New Delhi
Decided on: 18.10.2023
CORAM: HON’BLE MR. JUSTICE PANKAJ JAIN
The Punjab and Haryana High Court situated at Chandigarh in recent past ordered The Central Bureau of Investigation (CBI) to investigate a land dispute case in which a Civil judge has been accused of secret understanding with the accused of the case. The bench of Justice Pankaj Jain was dealing with the petition seeking the transfer of FIR listing offenses punishable under sections 452,323,506,427,120-B,148 and 149 of the IPC to Central Bureau.
Facts of the case
The case relates to the ownership of land worth 100cr by its market value which has its possession with Delhi-based Guru Nanak Vidya Mandir Trust in the Punjab Mohali district.
An FIR listed at police station Zirakpur asserting that definite persons had created an Imposter trust and forged the legal documents to obtain title over the aforesaid land.
The aforesaid FIR deals with 8 acres of land in Mohali’s Zirakpur which contains that this aforesaid land was purchased in 1986 and since then the possession of the land is with the trust.
Besides forgery of legal documents they had illegally trespassed in the aforementioned land and beat up the security guards also destroyed the installed CCTV.
The Charitable Trust earlier this year approached the High Court in command seeking an inquiry by the CBI or SIT into the asserted illegal attempt to take over the land in possession of the trust.
The accused also managed to get an ad-interim injunction in a civil suit filed before a court in Dera Bassi, the trust submitted.
However, the order was later vacated with the observation that it was obtained by portraying documents in a wrong manner.
Court analysis and decision
The Court has now disposed that the investigation is to be handled by the CBI.
The Court passed the order while opining that the abuse of the process of law alleged in this case called for a detailed investigation so that the trust of the litigants in the system does not erode.
The trial court was also restrained from proceeding further in the matter till the completion of the investigation.
Written by Kaulav Roy Chowdhury