CRM Nos. M-3845 & M-3852 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. (1) Crl. Misc. No. M-3845 of 2011 (O&M) Date of decision: 12.9.2011 Jaspal ...Petitioner Versus State of Punjab & another ...Respondents (2) Crl. Misc. No. M-3852 of 2011 (O&M) Jaspal ...Petitioner Versus State of Punjab & another ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. HPS Ishar, Advocate for the petitioners. Mr. Rajesh Bhardwaj, Addl. Advocate General, Punjab. Rajan Gupta, J (oral). This order shall dispose of above mentioned two petitions under Section 482 Cr.P.C., preferred by the accused seeking quashing of FIR Nos.50 & 51 dated 21.5.2009, registered under Sections 148, 379, 447, 427, 506, 511, 149/153-A IPC, 13-A of the Punjab Village Common Land Act, 1961 and Section 3 of the Prevention of Damage of Public Property Act, 1984 at Police Station Bhikhi. The petitioner has sought quashing of both the aforesaid FIRs and all consequential proceedings on the ground that he was exonerated by a senior officer in an inquiry conducted subsequent to CRM Nos. M-3845 & M-3852 of 2011 2 lodging of the FIRs. Learned counsel for the petitioner has argued that petitioner has been falsely implicated in the aforesaid cases. According to him, an inquiry was conducted in the matter pursuant to a direction given by the Punjab State Human Rights Commission. In the said inquiry, the petitioner was found to be innocent by Dy. Superintendent of Police (D), Mansa. This inquiry report was accepted by Senior Superintendent of Police, Mansa and thus, FIRs and consequential proceedings deserves to be quashed. Learned State counsel has, however, opposed the prayer. He submits that investigation in the cases have been completed and challans presented before the competent court of jurisdiction. According to him, investigating officer conducted a thorough investigation before submitting final reports before the competent court of jurisdiction. I have heard learned counsel for the parties and given careful thought to the facts of the case. The FIRs were lodged on the allegations that certain persons including the petitioner herein, had been forcibly occupying Panchayat land. On being stopped by the villagers, they had stated that they were not governed by any law. They were allegedly armed with various weapons and raised slogans such as “Naxalbari Zindabad”. An investigation ensued thereafter. According to stand of investigating agency, the accused were found guilty and challans were submitted before the competent court of jurisdiction in both the cases. The only CRM Nos. M-3845 & M-3852 of 2011 3 contention raised before this court is that an inquiry was conducted by the DSP (D), Mansa, which was approved by S.S.P. Mansa. In view of same, FIRs and consequential proceedings deserve to be quashed. I am, however, not impressed with this argument. The investigation in the matters having been completed, the allegations can be examined by the trial court after evidence is led before it. The factual contentions raised before this court cannot be adjudicated upon in its inherent jurisdiction. The argument that subsequent inquiry conducted by a senior officer would override the conclusions arrived at by the investigating officer, is without any merit. The petitions are, thus, dismissed. (RAJAN GUPTA) JUDGE 12.9.2011 'rajpal'