Punjab-Haryana High Court
Manjit Singh And Another vs Union Territory on 16 November, 2009
Author: Rajesh Bindal
Bench: Rajesh Bindal
Criminal Misc. No. M-14702 of 2009 (1)
In the High Court of Punjab & Haryana at Chandigarh
Criminal Misc. No. M-14702 of 2009 (O&M)
Date of decision: 16.11.2009
Manjit Singh and another ..... Petitioners
vs
Union Territory, Chandigarh ..... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Vishal Gupta, Advocate, for the petitioners.
Mr. Puneet Bassi, Advocate, for the respondent.
Rajesh Bindal J.
Prayer in the present petition filed under Section 482 Cr.P.C. is for quashing FIR No. 426 dated 31.10.2001, registered under Section 341, 353, 420, 468, 471 and 120-B IPC and Sections 4 and 5 of Punjab Noise Pollution Control Act, at Police Station Sector 11, Chandigarh and all subsequent proceedings arising therefrom.
FIR in question was registered against the petitioners and others on the allegations 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 submitted that FIR in question against co-accused of the petitioners had been quashed in CRM No. M- 47589 of 2007 titled as Pawan Kumar vs Union Territory, Chandigarh decided on 28.1.2008 (Annexures P-2) and CRM No. M-3812 of 2008 titled as Taranjit Singh and others vs Union Territory Chandigarh decided on 1.4.2009 (Annexure P-3).
Criminal Misc. No. M-14702 of 2009 (2) He further submitted that since on identical allegations, FIR in question has already been quashed qua other accused, the continuation of criminal proceedings against the present petitioners would be nothing but an abuse of process of Court.
On the other hand, learned counsel for the respondent submitted that the present petitioners are the members of the organizing committee and they are responsible for the violations.
After hearing learned counsel for the parties and keeping in view of the fact that FIR in question against the co-accused of the petitioners against whom there are identical allegations, has been quashed, in my opinion, continuation of the proceedings against the petitioners would be nothing else but abuse of process of law.
Accordingly, FIR No. 426 dated 31.10.2001, registered under Section 341, 353, 420, 468, 471 and 120-B IPC and Sections 4 and 5 of Punjab Noise Pollution Control Act, at Police Station Sector 11, Chandigarh and all subsequent proceedings arising therefrom are quashed.
The petition is disposed of accordingly.
16.11.2009 ( Rajesh Bindal) vs. Judge