Criminal Misc. No. M-25571 of 2010(O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M-25571 of 2010(O&M) Date of Decision: November 16, 2011 Kulwant Singh ... Petitioner Versus The State of Punjab ... Respondents CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH Present: Mr.Sant Pal Singh Sidhu, Advocate, for the petitioner. Mr.Sudhir Nehra, Additional Advocate General, Punjab for respondent – State. NAWAB SINGH J.(ORAL) This petition has been filed under Section 482 of the Code of Criminal Procedure, seeking quashing of First Information Report (for short `FIR') No.81 dated July 23rd, 2009 (Annexure P1) registered under Sections 420/120B of the Indian Penal Code (for short `IPC') in Police Station Sadar Moga, District Moga. 2. The FIR was registered on the statements of Nirmal Singh, Gurdeep Singh and Jagtar Singh residents of the same village, to which the petitioner belongs. Sum and substance of the allegations is that Kulwant Singh – petitioner, who is an employee of Punjab State Electricity Board got an electric connection in the name of Darshan Singh to run a tube-well in his land by cheating the Electricity Department. 3. Learned counsel for the petitioner has urged that a perusal of the report dated December 19th, 2009 of Deputy Superintendent of Police, Moga (Annexure P3) would show that no cheating, whatsoever, was committed by the petitioner. The electric connection in the name of Darshan Singh under Ex-serviceman Criminal Misc. No. M-25571 of 2010(O&M) [2] quota was obtained as per Rules framed by the Government of Punjab, though, the tube-well was installed in the land of the petitioner and his two brothers (Harnek Singh and Jaswant Singh). For ready reference, the concluding part of report of the DSP is reproduced as under:- “I have perused the relevant documents lease deed dated 15.2.05, court case, circular order No.CC 05/2005 dated 27.1.05, statements of witnesses. It is found that this connection has been installed in the leased land as per instructions (rules) of department of Punjab State Electricity Board....” 4. In view of above, this Court has no hesitation to hold that the electric connection was obtained by Darshan Singh as per Rules, framed by the State of Punjab. Since he had taken the land on lease from the brothers of the petitioner (Harnek Singh and Jaswant Singh) for a period of twenty-one years, he was entitled to get the electric connection under the quota of Ex-serviceman. Thus, continuance of criminal proceedings against the petitioner is abuse of process of law. 5. The petition is accepted, FIR No.81 dated July 23rd, 2009 (Annexure P1) registered under Sections 420/120B IPC in Police Station Sadar Moga, District Moga and subsequent proceedings arising therefrom, are hereby quashed. November 16, 2011 ( NAWAB SINGH ) `gian' JUDGE