Chandigarh: Police can’t dismiss alleged crime due to civil dispute

PCA flays UT Police’s handling of a plaint involving ‘forgery’ in a family property dispute, calling for a thorough prove

The Police Complaints Authority (PCA) has criticised the Chandigarh Police’s handling of a complaint involving alleged forgery in a family property dispute, calling for a thorough investigation.

he authority emphasised that an attempt to transfer the property based on forged documents constitutes a cognisable offence, independent of the civil inheritance case. (HT File)

The case revolves around a complaint filed by Kanwar N Singh, a legal heir of a residence in Sector-46/C, Chandigarh, who accused his elder sister, Kanwaljit Kaur, and their siblings of forging documents to transfer ownership of the property.

In its observations, the PCA stated that the police could not dismiss the matter simply because a civil dispute was pending in the Chandigarh district court since 2017. The authority emphasised that an attempt to transfer the property based on forged documents constitutes a cognisable offence, independent of the civil inheritance case.

According to Singh, his siblings forged documents, including an indemnity bond and affidavits, to illegally transfer ownership of the property. He alleged that Kanwaljit Kaur and the other siblings, Sarabjit Kaur and Harsimratpal Singh, conspired to take control of the property by producing these forged documents despite the ongoing civil dispute over inheritance.

The police had initially declined to register the case, with sub-inspector Jaspal Singh, who handled the complaint, asserting that the matter was civil in nature and was already sub-judice.

The police claimed that the issue should be resolved through the ongoing civil suit, thus not warranting criminal investigation.

However, the PCA disagreed, highlighting that the alleged act of forgery required a criminal investigation under the relevant sections of the Indian Penal Code (IPC).

The authority stressed that even though the inheritance dispute was pending, the act of forging documents was a separate and distinct crime that should be thoroughly investigated.

While directing the police to register a case under the applicable IPC sections, the PCA advised caution due to the familial nature of the dispute. It recommended that the police avoid rushing to arrest the accused unless substantial evidence is gathered, and arrest is deemed necessary based on the investigation’s findings.