SC restores FIR in land grab and forgery case, sets aside Himachal Pradesh HC verdict

New Delhi: The Supreme Court has set aside a Himachal Pradesh High Court order that had quashed an FIR alleging fraud, forgery and criminal conspiracy to grab ancestral property worth crores of rupees in Shimla district.

A bench of Justices Vikram Nath and Sandeep Mehta, in a judgment pronounced on Wednesday, allowed separate appeals filed by complainant Sharla Bazliel and the Himachal Pradesh government against the quashing of the FIR in the case involving alleged land grabbing.

Setting aside the high court verdict, the top court said, "We find that the high court interfered in exercise of its inherent powers and quashed the FIR at the very threshold when investigation was in full swing and vital material was yet to be collected."

Writing the judgment, Justice Mehta termed the quashing of the FIR by the high court "totally unjustified", saying allegations of forgery were set out in the FIR and the investigating agency had undertaken the exercise of getting 11 disputed documents examined through a handwriting expert.

"We are of the firm opinion that the high court prematurely quashed and terminated the proceedings arising out of the FIR filed by the appellant-complainant despite clear allegations establishing the offences of fraud, falsification of documents, forgery and criminal breach of trust...," the apex court said.

It directed the investigating officer to conclude the probe and file the chargesheet before the trial court concerned at the earliest.

"However, we make it clear that the observations made ... are restricted only to the decision of the present appeal(s) and shall have no bearing on the rights and defences available to the parties at the appropriate stage of the case," it said.

The case relates to allegations that Baldev Thakur, Daljit Singh and Jienpuri Kamsuon conspired to fraudulently grab the ancestral property and assets of the complainant's father, the late G B Bazliel, by forging documents and misappropriating funds.

According to the FIR registered by the state CID in Shimla in August 2022, the accused allegedly exploited the deteriorating mental and physical health of the complainant's father after his wife's death.

The complainant has alleged that the accused manipulated him into transferring family property and bank funds to their benefit.

The FIR had also alleged that an amount of approximately Rs 1.18 crore was transferred from Bazliel's bank accounts to Singh, without any lawful transaction.

In addition, around 49 bighas of family land were allegedly sold to Thakur in 2017 through a registered sale deed for Rs 3.9 crore, purportedly at a price significantly below the prevailing circle rate.

Investigations later indicated discrepancies between the declared sale price and government-notified circle rates, indicating undervaluation and potential fraud.

The high court quashed the FIR in January 2024, observing that the allegations did not disclose the essential ingredients of fraud or forgery and appeared to be based on speculation.