IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-16168 of 2008 Date of decision: 2nd March, 2009 Subhash Chander … Petitioner Versus State of Haryana and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Sandeep Kotla, Advocate for the petitioner. Mr. S.S. Mor, Senior DAG Haryana for the State. Mr. M.B. Jain, Advocate for respondent No.4 and 5. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Rajiv Deswal, DSP, Bahadurgarh has filed written statement. Preliminary submissions of the same read as under: “That after perusal of the writ petition the Hon'ble Court will find that the petitioner and his associates want to be the life members of the Maharaja Aggarsain Trust (Regd.) Railway Road Bahadurgarh Distt. Jhajjar and for the purpose they filed the application along with the requisite fee through cheques amounting to Rs.55,000/- (Rs. Fifty five thousand only) but the officials of the trust did not decide the application for membership and kept them pending in-spite of reminders given by the petitioner and lastly rejected the application vide their order dated 14.5.2007. Further, the petitioner discussed the number of members and the working of the trust by two family who have majority of members. And also alleged that the officials of the trust are mis-utilizing the funds received by them from the Govt. the general public and the income received from rent etc and are making allegations of embezzlement of the Criminal Misc. No. M-16168 of 2008 amount by the officials of the trust which they received from the above agencies and received the amount of PAGRI from the tenants of the shops. The above matter was enquired by the then Deputy Superintendent of Police, Bahadurgarh. The enquiry officer was not supplied any evident or receipts of the PAGRI received by the trust from the shopkeeper as alleged by the Petitioner/ Complainant. On the other hands, the officials of the trust supplied the audit report of the trust for the year 2004, 2005, 2006 and 2007 and gave his report to S.P. Jhajjar on 15.12.2007. According to the report the enquiry officer come to the conclusion that the complainant/ petitioner dispute is of civil nature and a civil suit is also pending in the Court of Civil Judge (Senior Division) Bahadurgarh titled as Narender Kumar V/s Maharaja Aggarsain Trust and Subhash Chander V/s Maharaja Aggarsain Trust and fixed for 20.02.2009 for filing written statement. The enquiry officer did not find any evidence of embezzlement of amount by the officials of the Trust and gave his findings that the matter/ parties is of civil nature and not the criminal as alleged by the petitioner. (a) That the petitioner wants to be life members of Maharaja Aggarsain Trust (Regd.) Railway Road Bahadurgarh Distt. Jhajjar (Haryana). (b) That the petitioner in order to achieve the above membership wants that the answering respondents should intimate the criminal proceedings against the officials of Maharaja Aggarsain Trust. (c) That the petitioner has concealed the material facts that his wife is one of the tenant of Shop No. 23 of the Trust. The trustee requested the petitioner’s wife and other tenants for increase of the rent from Rs.500/- which was fixed in the year of 1985 but the petitioner in order to avoid the increase of rent of the shop of which tenancy is in name of his wife started the present dispute.” Present petition has been filed under Section 482 Cr.P.C. seeking direction to the official respondents to conduct a fair inquiry and 2 Criminal Misc. No. M-16168 of 2008 take action against the private respondents, who are stated to be trustees of the Trust, named as Maharaja Aggarsain Trust, Bahadurgarh. From the perusal of the reply, portion of which has been reproduced above, it is evident that inquiry has been conducted by DSP, Bahadurgarh. Dispute, if any, is essentially of civil nature. Civil litigation is pending between the parties and primary reason seems to be that petitioner has been refused life membership of the Trust. Counsel for the petitioner states that public money is involved. For redressal of this grievance, criminal proceedings are not the only answer. The law takes care of management of the Trust properties. Petitioner, if so advised, may invoke jurisdiction of courts on civil side. Criminal Courts cannot be abused for settling the personal score. There is no merit in the present petition and the same is dismissed. [KANWALJIT SINGH AHLUWALIA] JUDGE March 2, 2009 rps 3