39 1 m1 Criminal Misc Noe27234 of 20050 IN THE HIGH COURT FOR THE STATES OF PUNOAB S HARYANA AT CHANDIGARH Criminal Misce Nos27233eM of 2005 1 Date of Decision2 October 43 1 2009e 0 C Rajbir Petitioner I C VERSUS Stateof Haryana and another e Z 1 Whether the Reporters of Local Newspapersmay be ailowed to see the judgment7 e 2e To be referred to the Reporters or not7 I c6 3e Whether the judgmentshould be reportedin the Digest 7 Cn W2 CORAM 1HONBLE MR JUSTICE MOHINDER PAL Z tl Presentl Mr Jaswinder Singh DeputyAdvocate General Punjab amicus curiae for the petitioner Ms Sushma ChopraAdditional Advocate General Harya MOHINDER PAL J In this petition filed under Section 482 of the Code of Criminal Procedure hereinafter referred to as the CodeI petitioner Rajbir has prayed for quashingof F R NoA85 dated 30122001 under Section 7110175 of the HUDA Act or short the ActI registered at Police Station Sarai Khawaja and all Rani Anita 2012.06.02 15: 34 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 40 2 Criminal Misce Noa27233M of 2005 the proceedingsarising therefrom As Iearned counsel for the petitioners did not appear in Court when the matter was taken up for hearing Mr 1 JaswinderSingh Deputy Advocate Genera Punjab was requested r to assist the Court on behalf of the petitioner 0 C3 The instant case against the petitioner was registered I on the basis of complaint received from the District Town Ptanner C5 I Enforcement Faridabad The allegations against the petitioner are that out of Iand measuring 26 Kanals 8 Marlas comprisedin Z Khewat No88 Khatoni No132 Khasra Nos 12120 12 21 r 0 KiIIa No 16 e91 2512 6 situated at Village Anangpur I he oetitioner sold 13 Kanals 4 Marlas of Iand to Yudhveer 08 and Murari in the shape of plots The petitioner sullivided the C Iand into plots for residentiallindustrialpurposes without obtaining mV Z permissionfrom the Director Town and Country Planning Haryana as was required under Section 3 of the Haryana Development and Regulationof Urban Areas Act 19750 After investigation the police submitted report under Section 173 of the Code before the trial Court and charges were framed againstthe petitioner on 1422003 The case IS now fixed before the trial Court for recordingof prosecution evidence Presentation of report under Section 173 of the Code is prima facie indicative of the fact that there is some incriminating material against the accused The petitioner had soid the Iand ih plots without permissionof the competent authority and hence prima facie committed an offence as stated Rani Anita 2012.06.02 15: 34 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 41 11 8 Criminal Misc Noa272331 of 2005 above The contention of the petitioner IS that he soid his plot without any division There is thus disputedquestionof fact which cannot be gone into in these proceedings underSecUon 1 482 6f the Code The petitioner if so advised may take all the 1 pieas available to them before the trial Court at an appropriate 0 C stage However I do not see any ground warrantinginterference I by th Court in exercise of its inherent jurisdictionunder Section t5 I 482 ofothe Code Consequentiy this petitionIS dismissed being without Z anymrit However since the Fl R relates to December 2001 and sufficient time has elapsed the trial Court IS I directed to disposeof the trial expeditiously 08 00 It is made clear that the Iearned trial Magistrate wili not be influenced by anything said while dealing with this 7 Z petition 11 October 2009 C PALI ak JUDGE 14 Rani Anita 2012.06.02 15: 34 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document