Dismissing a plea by a man who sought to file a forgery case against his father, a court here said police cannot collect evidence in a property dispute.
Additional Sessions Judge Girish Kathpalia Wednesday upheld a magistrate's order that dismissed the plea of Parvinder Singh Sawhney, a south Delhi resident, who sought the court's direction for an investigation over a forgery case against his father Trilok Singh Sawhney, his uncle Darshan Singh Sawhney and his brother Arvinder Singh Sawhney.
Parvinder alleged that his father falsely represented him as his attorney before the inquiry officer of the Talaganga Cooperative Group Housing Society and took possession of the flat allotted to him by the society.
Parvinder said a flat was allotted to him in 1998 but he never got its possession.
In July 2003, Parvinder was informed by the society that the flat in his name was cancelled on the ground that at the time of application, he was a minor in age.
He alleged that his father filed a petition in the Delhi High Court regarding the matter in his name without taking his consent.
In 2006, the high court directed the society to deliver the flats to eligible members by appointing an inquiry officer.
Parvinder said his father, without his consent, falsely represented him before the inquiry officer and told him that he was appointed attorney and took possession of the flat.
He accused his father, brother and uncle of committing forgery in connivance with one another and said he was not in India when the alleged power of attorney was purportedly executed.
The sessions court declined to direct an investigation, observing that all the facts were well within the knowledge of the complainant and "nothing is required to be recovered or investigated by police".
Parvinder challenged the magisterial court order, which also declined his plea but granted him the opportunity to lead pre-summoning evidence on his complaint.
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