Criminal Misc.-M No. 23658 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No. 23658 of 2011 (O&M) Date of decision: 5.8.2011 Rajinder Kumar @ Rajinder Rawat .. Petitioner v. Union Territory, Chandigarh .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Rakesh Dhiman, Advocate for the petitioner. ... Rajesh Bindal J. The case in hand is an example of old saying “one should never loose a hope”. In the present case, pre-arrest bail application filed by the petitioner bearing Criminal Misc.-M No. 21937 of 2011 was dismissed by this court on 28.7.2011, but the petitioner still being hopeful has filed the present petition seeking quashing of the same FIR. The FIR was registered on the complaint of Assistant Labour Commissioner, Jammu & Kashmir alleging trespass of the house which is owned by the Chandigarh Administration but was given to Jammu & Kashmir Government for use as night shelter for migrating labour from Jammu & Kashmir. While dismissing the pre-arrest bail application filed by the petitioner, this court had passed the following order: “The petitioner is an accused in the FIR No. 141 dated 29.6.2011 registered on the complaint of the Assistant Labour Commissioner, Jammu & Kashmir pertaining to the trespass of the house, which is owned by the Chandigarh Administration but was given to Jammu & Kashmir Criminal Misc.-M No. 23658 of 2011 [2] Government for use as night shelter for migrating labour from Jammu & Kashmir. Person who was originally living in the house namely Baldev Singh had entered into an agreement with the petitioner and handed over the possession of the house in question to the petitioner. The house in question is one of many other houses located there which were allotted for the use as night shelter for the migrating labour of Jammu and Kashmir. It cannot be disputed that the people living there very well knew that the property is owned by the government and meant for the use as night shelter for the migrant labour of Jammu & Kashmir. There is no right vested in the occupant to sell or transfer any right in the property to anyone. The petitioner herein is one of the transferee. Considering the seriousness of the allegations against the petitioner, I do not find any reason to grant pre-arrest bail to the petitioner. The petition stands dismissed. Let a notice be issued to Assistant Labour Commissioner, Jammu & Kashmir having its office at House No. 1362, Sector 15-B, Chandigarh to apprise the court about the status of other houses in possession of Jammu & Kashmir Government and also the purpose for which those are being used and the period for which these are in possession of the persons in occupation.” Learned counsel for the petitioner sought to argue that no case is made out against the petitioner under Section 453 IPC, as the petitioner is merely in possession of the property along with its allottee. Same very arguments were addressed by the counsel who had filed the anticipatory bail application earlier and has also filed the present quashing petition but were not found to be meritorious by this court. An accused whose case was not found meritorious for grant of pre-arrest bail has sought quashing of the FIR without even his arrest and investigation of the case. It is a case in which the property owned by the government meant for a specified Criminal Misc.-M No. 23658 of 2011 [3] purpose is in possession of some of the persons for years together and same is being transferred in the names of other persons. Considering the aforesaid allegations, I do not find this to be a fit case for quashing the FIR. Accordingly, the present petition is dismissed. (Rajesh Bindal) Judge 5.8.2011 mk