Punjab-Haryana High Court
Taranjit Singh And Others vs Union Territory Chandigarh on 1 April, 2009
Author: Sabina
Bench: Sabina
Criminal Misc. No.M- 3812 of 2008 (O&M)
In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M- 3812 of 2008 (O&M)
Date of decision: 01.04.2009
Taranjit Singh and others
......Petitioners
Versus
Union Territory Chandigarh
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.Vishal Gupta, Advocate,
for the petitioners.
Mr.Hemant Bassi, Standing Counsel for UT Chandigarh.
****
SABINA, J.
Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure ('Cr.P.C.' for short) for quashing FIR No. 426 dated 31.10.2001, under Section 341, 353, 420, 468, 471 and 120-B of the Indian Penal Code and Sections 4 and 5 of Punjab Noise Pollution Control Act (for short the 'Act') registered at Police Station Sector 11, Chandigarh and further proceedings arising therefrom.
FIR in question was registered against the petitioners and Criminal Misc. No.M- 3812 of 2008 (O&M) others on the allegation that a loud speaker at a high pitch was being played in Market of Sector 15, Chandigarh. Tents were fitted on vacant side of Patel Market and jagrata was going on. Har Narain- President and Manjit Singh-Secretary of Patel Market, Sector 15, Chandigarh, Amar Manchanda, Pawan- Bhujia Bhandar Wala, Taranjit Singh, Sanjeev Kumar and Sanjay Kumar were informed about the complaint made by the public to the Control Room for playing the loud speaker at a high pitch and were asked to produce permission in this regard. Amar Manchanda and Manjit Singh showed the permission letter dated 16.10.2001. As per the same, the time for playing the loud speaker was from 9.00 p.m. to 10.00 p.m. in the market. In the said proforma, cutting was made on letters 'p.m.' to 'a.m.' The said persons were asked to explain the cutting. They were also asked to lower the volume of the speaker, yet the persons present there refused to do so and insisted that they would carry on with the jagrara.
Learned counsel for the petitioners has submitted that similarly situated petitioners-Pawan Kumar and Amar Manchanda had filed petitions for quashing of FIR and the said petitions were allowed vide orders Annexure P-1 and P-2.
Keeping in view the fact that on identical allegations, FIR in question has already been quashed qua co-accused Pawan Kumar and Amar Manchanda, continuation of criminal proceedings against the petitioners would be nothing but an abuse of process of Criminal Misc. No.M- 3812 of 2008 (O&M) Court.
Since the case of the petitioners is also on the same footing, FIR in question is liable to be quashed.
Accordingly, this petition is allowed. FIR No. 426 dated 31.10.2001, under Section 341, 353, 420, 468, 471 and 120-B IPC and Sections 4 and 5 of the Act, registered at Police Station Sector 11, Chandigarh, and all the subsequent proceedings, arising therefrom, qua the petitioners are quashed.
(SABINA) JUDGE April 01, 2009 anita