IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP.NO.6139 of 2007 DATE OF ORDER: 13.3.2008 Bhupinder Singh ....Petitioner(s) through Mr. Rajesh Khandelwal, Advocate. Versus State of Haryana and Others .....Respondent(s) through Mr. Rameshwar Malik,Addl.A.G Haryana CORAM: Hon'ble Mr. Justice Vijender Jain, Chief Justice. Hon'ble Mr. Justice Jaswant Singh, Judge. 1. Whether Reports of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? VIJENDER JAIN, CHIEF JUSTICE (ORAL) Para No.2 of the Preliminary Submissions of the counter affidavit dated 14.11.2007 filed by Sh. V.K. Jhajhria, IFS, Divisional Forest Officer, Jind, states as under: “That the petitioner himself removed the trees/wood in question as is clear from the affidavit submitted by Rambir s/o Lal Singh Jat r/o village Hoshiarpura. The true copy of the affidavit is being annexed herewith as Annexure R-5/1 and the petitioner with ulterior motive made the complaints to the higher authorities. The Sub Divisional Officer(Civil), Safidon called the petitioner to enquire into the complaint so made to the Deputy Commissioner, Jind but the petitioner did not attend the enquiry proceedings and the Sub Divisional Officer (Civil), Safidon orally ordered the representative of the Forest Department to take action against the petitioner. Hence the representative of the Forest Department issued the Damage Report against the petitioner and to prove himself to be innocent he filed the present writ petition. However, the local police has been requested vide memo No.1786 dated 17.8.2007 to re-investigate the matter as the police did not CWP.NO.6139 of 2007 #2# investigate the matter reported by the Forest Department properly and thoroughly earlier. It is further submitted that the petitioner is habitual of making false complaints and as such he was involved in the proceedings U/s 182/500 IPC. The true copy of the order dated 19.8.2006 passed by the SDJM, Safidon is being annexed herewith as Annexure R-5/2. Since the Forest Department has already taken suitable action in the matter and the police has also now registered FIR No.135 dated 8.9.2007 U/s 379 IPC P.S. Pillukhera, one of the accused Soma has been arrested and the investigation is in process. Truth will come out after the investigation that who has cut the Shisham trees. The present petition against the answering respondent is liable to be dismissed.” Whereas Sh. J.S. Lamba,IPS, Superintendent of Police, Jind in para No.3 of his affidavit dated 1.11.2007 has stated as under: “That the complaint No.177 dated 3.8.2006 allegedly made by the officer of Forest Department to Station House Officer, Police Station, Pillukhera is concerned in this regard, it is submitted that on inquiry, it was found that Sub Inspector Sada Ram, the then Station House Officer, Police Station, Pillukhera without visiting the spot and verifying the facts of the case, in this regard got recorded false and fabricated DDR No.31 dated 14.8.2006 in the roznamcha of Police Station, Pillukhera, with the view to avail empty formality. Now, in view of the inquiry report of Deputy Superintendent of Police, Safidon case FIR No.135 dated 8.9.2007 u/s 379 IPC has been registered against above Som Dutt @ Soma S/o Rameshwar @ Mesar caste Brahman resident of village Malar for committing theft of mango tree, which is under investigation. Besides, this a regular departmental inquiry against Sub Inspector Sada Ram, the then Station House Officer, Police Station, Pillukhera has also been initiated for making false and fabricated DDR, and showing negligence and dereliction in discharge of his official duty. Hence, in view of the above the present petition is liable to be dismissed being devoid of any merit.” We have failed to understand as to how Shri Jhajhria has made an averment on the basis of an affidavit filed by Rambir. He should have CWP.NO.6139 of 2007 #3# ascertained the total facts including what has been stated in the affidavit dated 1.11.2007 of the Superintendent of Police, Jind before swearing an affidavit dated 14.11.2007 to be filed in High Court. We are not happy with calumnious fashion in which that affidavit has been filed. Our displeasure be conveyed to the Forest Officer concerned. However, Keeping in view the averments made in the affidavit with regard to the prior involvement of the petitioner in cases and also the fact that the matter regarding felling of trees is under investigation, we would not like to proceed further in the matter. Accordingly, the writ petition stands disposed of with a direction to the police as well as Forest Officers to remain more vigilant in dealing with the cases of felling of trees in future. ( VIJENDER JAIN ) CHIEF JUSTICE March 13, 2008 ( JASWANT SINGH ) manoj JUDGE