Criminal Misc. No. M-18302 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-18302 of 2009 (O&M) Date of decision: 21.7.2009 Ishwar Singh .. Petitioner v. State of Haryana and another .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. K. S. Dhaliwal, Advocate for the petitioner. ... Rajesh Bindal J. Prayer in the present petition is for quashing of FIR No. 164 dated 21.12.2007, registered against the petitioner under Sections 420, 406, 409, 467, 468, 471, 120-B IPC at Police Station, Pillu Khera, District Jind. Learned counsel for the petitioner submitted that the incident is about 20 years ago and the petitioner was posted as Patwari of village Banwasa at the relevant time. The allegations in the FIR are that other co-accused in the FIR constituted a society in the name of Shri Ganesh Gramo Udyog Mandal, Pillu Khera Mandi, Jind for PCPI Industry. The Society applied for a loan to respondent No. 2- complainant. The role of the petitioner is that he verified that the applicant was the exclusive owner in possession of the land free from all encumbrances and the value thereof was Rs. 157,927/-, on the basis of which the loan was sanctioned and disbursed. The amount of loan was misappropriated by the loanee as no instalment was repaid. When recovery certificate was sent to the Collector, it was reported that the accused had already sold away the mortgaged property way back on 16.9.1985. It is with these allegations that the FIR was registered against the petitioner and other co-accused. Learned counsel for the petitioner submitted that the petitioner had no role to play in the entire sequence of facts. In fact, after a certificate is issued by the Patwari, in the process of sanction of loan, entire documents are verified by the institution granting loan and it is only thereafter the same is disbursed. The petitioner had, in fact, never issued any such certificate. He has been falsely implicated. In fact, even the originals are not in possession of the prosecution as is even evident in the order of the learned court below granting bail to the petitioner. Criminal Misc. No. M-18302 of 2009 [2] He further submitted that twice the relevant documents were sent to the Forensic Science Laboratory, Haryana, but the same were returned as either the complete record was not sent or it was not properly sealed and verified. The submission is that it is a case of practically no evidence against the petitioner and continuation of trial against the petitioner would be an abuse of process of law and unnecessary harassment to him. After hearing learned counsel for the petitioner, in my opinion, it is not a fit case where at this initial stage, the FIR against the petitioner deserves to be quashed. All what is sought to be relied upon by the petitioner is a matter of evidence, which is to be considered and appreciated by the learned court below after the prosecution and the defence lead their evidence. It is too early for this Court to appreciate and comment on the quality of the evidence in exercise of powers under Section 482 Cr.P.C., where the prayer in the petition is for quashing of the FIR. Accordingly, the present petition is dismissed. (Rajesh Bindal) Judge 21.7.2009 mk