IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) Criminal Misc. No. M-20996 of 2009 (O&M) Date of Decision : 6.9.2011. Baldev Chand ...... Petitioner Versus State of Punjab & others ...... Respondents (2) Criminal Misc. No. M-29860 of 2009 (O&M) Date of Decision : 6.9.2011. Ravinder Singh ...... Petitioner Versus State of Punjab & others ...... Respondents CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. S.S. Swaich, Advocate, for the petitioner. Mr. J.S. Bhullar, AAG, Punjab. Mr. Deepankar Sharma, Advocate, for respondent No.2. Mr. Bikramjit Singh Pannu, Advocate, for respondent No.3. NAWAB SINGH J.(ORAL) This judgment shall dispose of aforesaid two petitions because in both the petitions quashing of First Information Report No.70 dated June 2nd, 2009 under Sections 408/120-B of Indian Penal Code registered in Police Station Sirhind, District Fatehgarh Sahib is sought. 2. The FIR was registered on the written application of Assistant Registrar, Cooperative Society, Sirhind. In the year 2008, Baldev Chand-petitioner was the Secretary and Ravinder Singh-petitioner was the President of the Sounda Cooperative Agricultural Service Society Limited (for short 'the Cooperative Society'). Baldev Chand retired on June 30th, 2008. At the time of relinquishing the charge, he handed over the records to Ravinder Criminal Misc. No. M-20996 of 2009 (2) Singh which Ravinder Singh refused to hand over to the Managing Committee of the Cooperative Society. The Assistant Registrar while making complaint to the Police asked for the Police help for carrying out search in the office of the Cooperative Society with a view to seize the records under Section 28(2) of the Punjab Cooperative Societies Act, 1961. Instead of providing Police help, the FIR was registered against the petitioners. 3. Learned counsel for the petitioners has contended that during investigation, Police seized records from the almirah of the office of the Cooperative Society, a fact which is not disputed by the learned state counsel. 4. Since the record has been seized from the almirah of the Cooperative Society so, question of criminal breach of trust by the petitioners did not arise. 5. In view of this, registration of FIR against the petitioners is nothing but abuse of process of law. Thus, both the petitions are accepted, FIR No.70 dated June 2nd, 2009 under Sections 408/120-B IPC registered in Police Station Sirhind, District Fatehgarh Sahib and subsequent proceedings arising therefrom are hereby quashed. (NAWAB SINGH) JUDGE 6.9.2011. SN