Judgment:
In the High Court of Punjab and Haryana at Chandigarh .....Criminal Misc.
No.M-5085 of 2014 ....Date of decision:11.2.2014 Pritpal Singh ...Petitioner v.
State of Punjab and another ...Respondents ...Coram: Hon'ble Mr.Justice Inderjit Singh ....Present: Mr.Kanwaljit Singh, Senior Advocate with Mr.Ajaivir Singh, Advocate for the petitioner....Inderjit Singh, J.
Pritpal Singh-petitioner has filed this petition under Section 482 Cr.P.C.for quashing of FIR No.23 dated 9.11.2012 registered for the offences under Sections 409, 420, 467, 468, 471 and 120-B IPC and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act at Police Station Vigilance Bureau, Patiala (Annexure-P.7) and all consequential proceedings arising therefrom as the same are a complete misuse and abuse of law and process against the petitioner, who was working as a Kanungo and has no role in the registration of the sale deeds and the entry of mutation except comparing the same with the old record without there being any allegation of corruption, demand of bribe or acceptance thereof and has been implicated falsely.
Parmar Harpal Singh 2014.03.03 11:08 I attest to the accuracy and integrity of this document Chandigarh Cr.
Misc.
No.M-5085 of 2014 [2].Learned counsel for the petitioner at the time of arguments contended that the petitioner was working as Kanungo.
He has only compared one mutation.
There is no role stated in the FIR nor there is any evidence to connect him with the crime.
I have heard learned senior counsel for the petitioner and gone through the record.
From the record, I find that the present petitioner has been specifically named, as he was working as Kanungo at that time and the FIR is against the Patwari, Kanungo, Naib Tehsildar, Deputy Commissioner etc.The present petitioner Pritpal Singh, Kanungo has been specifically named in the FIR and there are allegations that all of them have connived in transferring the Government land to private persons.
It is in the FIR itself that the land belongs to Government and due to the presence of Government offices on this land, it could not be registered.
It is also stated in the FIR that land for which the agreement of sale was executed by Kiraninder Singh in favour of N.P.Singh, Yashpal Aggarwal and Davinder Singh Sandhu does not belong to Kiraninder Singh, but that land is from KhaSr.No.103 which belongs to Government.
From demarcation conducted on 3.8.2012, it is proved that no land is left with Kiraninder Singh out of KhaSr.No.104.
After that Kiraninder Singh has given general and special power of attorney to sell this land in favour of Randeep Singh and Jaswant Singh, who were persons of purchaser.
It is also stated in the FIR that the then Deputy Commissioner Shri Deepinder Singh acting on the directions of the Hon'ble Punjab and Parmar Harpal Singh 2014.03.03 11:08 I attest to the accuracy and integrity of this document Chandigarh Cr.
Misc.
No.M-5085 of 2014 [3].Haryana High Court has suo motu passed the order dated 22.3.2011 vide which he declared the disputed property as part of KhaSr.No.103 and dismissed the claim of the purchaser and also refused to make entry of Vasika.
It is also the averments in the FIR that despite the knowledge, the purchasers/General Power of Attorney/Special Power of Attorney that this land has been declared as Government land by Deputy Commissioner, Patiala vide order dated 22.3.2011, appeal in this regard is pending before Commissioner, Patiala Division, Patiala, dispute is regarding ownership of land and due to non-receipt of payment of their cheque amount, notices have also been sent by Kiraninder Singh.
Despite all this, these persons have usurped the Government land by getting the Vasikas registered in their name.
From the perusal of the FIR itself, it cannot be held that no role has been attributed to the present Kanungo nor it can be held that there is no evidence to connect the petitioner with the present case.
It is specifically written in the FIR that Naib Tehsildar Gurinder Singh Walia on 14.10.2011 has attested the Vasika Nos.15901 and 15902 and on 12.11.2011 Naib Tehsildar in connivance with Kanungo and Patwari had entered the mutation and consented also.
It is in the FIR that accused persons in connivance with each other usurped the Government land measuring 5950 sq.
yards, whose market value is `200/250 crores.
It is also stated that challan has already been presented in this case, but charge has not been framed yet.
As there are specific allegations against the present petitioner Parmar Harpal Singh 2014.03.03 11:08 I attest to the accuracy and integrity of this document Chandigarh Cr.
Misc.
No.M-5085 of 2014 [4].and he is also named in the FIR, in no way, it can be held that the present FIR against the present petitioner is a misuse or abuse of the process of the Court.
Therefore, finding no merit in this petition, the same is dismissed.
February 11, 2014.
(Inderjit Singh) Judge *hsp* Parmar Harpal Singh 2014.03.03 11:08 I attest to the accuracy and integrity of this document Chandigarh