Punjab-Haryana High Court
Maya Devi And Another vs State Of Haryana And Another on 6 July, 2009
Author: L.N. Mittal
Bench: L.N. Mittal
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-17556 of 2009
Date of decision : July 06, 2009
Maya Devi and another ....Petitioners
versus
State of Haryana and another
....Respondents
Coram: Hon'ble Mr. Justice L.N. Mittal
Present : Mr. RS Malik, Advocate for the petitioners
L.N. Mittal, J. (Oral)
Maya Devi and another have filed this petition under section 482 of Code of Criminal Procedure (for short, Cr.P.C.) for quashing of FIR No. 209 dated 5.7.2008 under sections 420, 467, 468, 471, 464, 120-B of Indian Pendal Code, Police Station City, Bahadurgarh, District Jhajjar (Annexure P/1).
Respondent No. 2 complainant lodged FIR alleging interalia that Haryana Urban Development Authority has allotted a plot to petitioner no. 1 under oustees' quota against acquisition of land. It is further alleged that 'No Objection Certificate' (NOC) furnished by petitioner no. 1 on behalf of complainant and others is bogus and fabricated.
Learned counsel for the petitioners contended that vide letter Annexure P/3, Administrator, HUDA has asked the Estate Officer, HUDA to issue allotment letter of the plot. However, this letter has nothing to do with the allegations made in the FIR or the truthfulness or otherwise thereof. Criminal Misc. No. M-17556 of 2009 -2-
Learned counsel for the petitioners also contended that respondent No. 2 and others filed a civil suit vide plaint Annexure P/2 and admitted in paragraph No. 6 thereof to have signed the NOC. The contention is completely misleading and misconceived because as per averments in paragraph No. 6 of the plaint, all the co-sharers signed application for allotment of plot under the oustees' quota in favour of all the co-sharers. It has not been alleged in this paragraph that they had signed NOC. On the contrary, it is mentioned even in this paragraph of the plaint that bogus NOC of some of the co-sharers was produced by petitioner no. 1 with application for allotment of plot under oustees' quota.
Learned counsel for the petitioners also contended that the FIR is belated. However, merely on this ground, the FIR cannot be quashed.
From the perusal of the FIR, it is made out that there is allegation of submitting forged NOC for getting allotment of plot under the oustees' quota. Consequently, it cannot be said prima facie that no offence is made out from the averments in the FIR. There is, therefore, no ground for quashing the impugned FIR.
In view of the aforesaid, the instant petition is dismissed.
( L.N. Mittal )
July 06, 2009 Judge
'dalbir'