Crl.Misc.No.M-1074 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-1074 of 2010 Date of Decision:- 14.12.2011 Devender Lohan ....Petitioner(s) vs. State of Haryana and others ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Surender Deswal, Advocate, for the petitioner. Mr.Raja Sharma, AAG, Haryana. Mr.Surender Dhull, Advocate, for respondent No.2. *** AUGUSTINE GEORGE MASIH, J. (Oral) Prayer in this petition is for quashing of FIR No.259 dated 10.9.2008 under Sections 438, 426, 379 and 506 IPC registered at Police Station Sadar, Jind (P-1) and all consequential proceedings arising therefrom. It is the contention of the counsel for the petitioner that the present FIR has been lodged against the petitioner on total false facts and the allegations made therein are based on a totally cooked up story which is incorrect in the light of the information supplied to him by the District Town Planner on an application moved by him under the Right to Information Act. Reference has been made to the progress report of the demolition of unauthorized structure on 5.9.2008 at Jind done by the Crl.Misc.No.M-1074 of 2010 -2- District Town Planner, Jind, report of which was sent to the Director, Town & Country Planning, Haryana, Chandigarh on 8.9.2008 (Annexure P-6) wherein it has been mentioned that demolition was carried out on 5.9.2008 at Jind. Demolition programme started at 11.30 A.M. as the force came late and the demolition of unauthorized structures continued till 3.00 P.M. at Safidon Road. The details of the structures in colonies demolished during the operation included item No.1 i.e. two rooms and one boundary wall in unauthorized colony measuring 2 acres on Safidon road, opposite Golden Hutt also. He contends that the allegation against the petitioner is with regard to the demolition of these two rooms only apart from the other allegations with regard to the burning of garter and taking them away. He contends that no such incident, as a matter of fact, has taken place and the demolition was done by the District and Town Planner, Jind along with his team and the petitioner has been roped in with a mala fide intention. On this basis, he prays for quashing of the FIR and all consequential proceedings arising therefrom. On the other hand, counsel for the respondents submits that although with regard to the demolition of the property, there may be a report but in the demolition process, burning of the garters or carrying them away could not be done by officials and, thus, allegations have been found to be correct against the petitioner as the investigating agency has presented a challan against him. He accordingly prays that the present FIR cannot be said to be based on false facts which would call for interference by this Court. His further contention is that it is a matter of evidence which has to be gone into by the trial Court when the trial is in progress and at this stage, this Court should not interfere in the matter. He on this basis prays Crl.Misc.No.M-1074 of 2010 -3- for dismissal of the present petition. I have heard counsel for the parties and gone through the records of the case. It is true that in the FIR in question, allegations are with regard to the demolition of two rooms and the boundary wall opposite Golden Hatt. The petitioner has placed reliance upon an official document dated 8.9.2008 (Annexure P-6) received by him under the Right to Information Act, which is progress report of demolition of unauthorized structures by the District Town Planner, Jind, to the Director, Town & Country Planning, Haryana, Chandigarh. The demolition drive was carried out on 5.9.2008 at Jind and the programme started at 11.30 A.M. which continued on Safidon road till 3.00 P.M. One of the structures which has been demolished and mentioned at item No.1 is two rooms and a boundary wall in an unauthorized colony measuring 2 acres on Safidon road, opposite Golden Hutt. The case came up for hearing before this Court on 18.10.2011 when this Court passed the following order:- “Reference has been made to a communication dated 8.9.2009 (Annexure P-6), which is in the form of a progress report of demolition of unauthorized structures carried out on 5.9.2008 at Jind, which has been sent by the District Town Planner, Jind to the Director, Town & Country Planning, Haryana, Chandigarh. It is the contention of the counsel for the petitioner that list of structures/colonies demolished during this operation are mentioned in the communication, out of which item No.1 pertains to two rooms and one boundary wall stated Crl.Misc.No.M-1074 of 2010 -4- to be in unauthorized colony measuring 2 acres on Safidon road opposite Golden Hut, which were demolished. He contends that this demolished property is the same which is the subject matter of FIR No.259 dated 10.9.2008 registered at Police Station Sadar Jind against the petitioners on the complaint submitted by Anil-respondent No.4,, which fact is disputed by the counsel for respondent No.4. The District Town Planner, Jind is directed to clarify and submit the location of the property which was demolished as has been mentioned at Sr.No.1 of the communication dated 8.9.2008 (Annexure P-6). He shall also refer to the site map attached with the challan by the police and give a finding as to whether the said demolition was of the structures mentioned in the FIR or not. Adjourned to 2.12.2011. Copy of this order be given dasti to the counsel for the State under the signatures of the Bench Secretary.” In compliance with the said order, Satyavir Singh, District Town Planner, Jind has filed an affidavit dated 23.11.2011 along with which he has appended a site map of the property. Relevant paras 1 to 3 of the said affidavit read as follows:- “1. That in compliance with the order dated 18.10.2011 passed by this Hon'ble Court in connection Crl.Misc.No.M-1074 of 2010 -5- with case FIR No.259 dated 10.09.2008 U/s 438/379/426/506 IPC PS Sadar, Jind, the deponent inspected the site. 2. That the report submitted by the office of the District Town Planner, Jind vide Memo No.2960 dated 08.09.2008 to the Director, Town & Country Planning Haryana, Chandigarh, Annexure P-6 have also been gone through carefully. 3. That the perusal of record of case FIR No.259 dated 10.09.2008 U/s 438/379/426/506 IPC P.S. Sadar, Jind, the above said report Annexure P-6, the deponent has come to the conclusion that the property mentioned at serial No.1 of the report i.e. Two Room and one boundary wall measuring 2 acres on Safidon Road, Opposite Golden Hutt which were demolished is the same property involved in case FIR No.259 dated 10.09.2008 U/s 438/379/426/506 IPC P.S. Sadar, Jind. The site map prepared is attached as Annexure R-1 for kind perusal of the Hon'ble Court. The site map attached with the challan is also of the same structure.” A perusal of the above clearly spells out that after inspecting the site and going through the record especially the memo. dated 8.9.2008 (Anexure P-6) and the FIR, the conclusions drawn therein leave no manner of doubt that the two rooms and the boundary wall, which are alleged to have been demolished by the petitioner along with others, are the same Crl.Misc.No.M-1074 of 2010 -6- which were as a matter of fact demolished by the District Town Planner along with his team on 5.9.2008. The allegations made in the FIR, therefore, are totally false and if that be so, the present FIR cannot sustain. A contention has been raised by the counsel for the respondents that the Court should not, where the challan has already been presented, proceed to quash the FIR as allegations made in the same have been found to be correct on investigation by the investigating agency. This contention of the counsel for the respondents, in the present case, cannot be accepted in the light of the documentary and official communication which has been placed on record and not disputed or denied by any of the parties. When, from the documents itself, it is proved on record that the FIR itself is based on totally wrong facts and, therefore, is a false FIR, the Court cannot in exercise of its extraordinary jurisdiction under Section 482 Cr.P.C. keep silent and perpetuate an illegality which would be committed during the continuation of the process which would be an abuse of process of law and Court. In view of the above, the present petition is allowed; FIR No.259 dated 10.9.2008 under Sections 438, 379, 426 and 506 IPC registered at Police Station Sadar Jind (Annexure P-1) and all consequential proceedings arising therefrom are hereby quashed. December 14, 2011 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE