Punjab-Haryana High Court
Date Of Decision: 20.12.2012 vs State Of Haryana And Another on 20 December, 2012
Author: Sabina
Bench: Sabina
Crl. Misc. No. M-39257 of 2012 (O&M) -1-
Crl. Misc. No. M-40301 of 2012 (O&M)
Crl. Misc. No. M-40302 of 2012 (O&M)
In the High Court of Punjab and Haryana at Chandigarh
1. Crl. Misc. No. M-39257 of 2012 (O&M)
Date of Decision: 20.12.2012
S.M.Hashmi ......Petitioner
Versus
State of Haryana and another .......Respondents
2. Crl. Misc. No. M-40301 of 2012 (O&M)
Kanhaiya Lal Khatri ......Petitioner
Versus
State of Haryana ......Respondent
3. Crl. Misc. No. M-40302 of 2012 (O&M)
Kuldeep Dogra ......Petitioner
Versus
State of Haryana ......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Shiv Kumar, Advocate
for the petitioner.
(in Criminal Miscellaneous No. M-39257 of 2012)
Mr. I.S.Saggu, Advocate
for the petitioners.
(in Criminal Miscellaneous Nos. M-40301 and
M-40302 of 2012)
Mr. Gaurav Dhir, DAG, Haryana.
Mr. R.S.Rai, Senior Advocate with
Mr. Rajesh Lamba, Advocate
for complainant-respondent No.2.
****
SABINA, J.
Vide this order, above mentioned three petitions would be disposed of.
Petitioners have filed these petition under Section Crl. Misc. No. M-39257 of 2012 (O&M) -2- Crl. Misc. No. M-40301 of 2012 (O&M) Crl. Misc. No. M-40302 of 2012 (O&M) 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in FIR No. 178 dated 11.6.2011 under Section 419, 420, 467, 468, 471, 448, 511, 506, 120-B of the Indian Penal Code ('IPC' for short), registered at Police Station Kotwali, Faridabad.
Learned counsel for the petitioners have submitted that the petitioners have been falsely involved in this case at the instance of the complainant. In fact, the dispute between the parties, if any, was purely civil in nature. The complainant wanted to grab the management of the society and due to this reason, the petitioners had been falsely involved in this case. The main accused had since been arrested and had been released on regular bail.
Learned State counsel, who is assisted by counsel for the complainant, has submitted that the accused had held a sham election in the year 2004. Civil suit was filed by the complainant party and the same was decreed in the year 2010 and the election alleged to have been held by the accused party, was declared to be a sham one. Now the accused were alleging that fresh elections had been held on 17.5.2011. The petitioners, with a view to grab the management of the society, had held sham elections. Further, the accused in connivance with each other, had embezzled the funds of the society. The petitioners are required for custodial interrogation.
After hearing the learned counsel for the petitioners and the learned State counsel, I am of the opinion that these Crl. Misc. No. M-39257 of 2012 (O&M) -3- Crl. Misc. No. M-40301 of 2012 (O&M) Crl. Misc. No. M-40302 of 2012 (O&M) petitions deserve dismissal.
The allegations levelled against the petitioners are serious in nature. The prosecution story, in brief, is that the complainant was a society registered under the Provisions of the Societies Registration Act, 1860. Petitioners and their co-accused were strangers to the society. Petitioner Kanhaiya Lal Khatri was the Ex-President of the society. Petitioner S.M.Hashmi was the Ex- General Secretary of the society, whereas petitioner Kuldeep Dogra was the Ex-Cashier of the society. The notice issued by the petitioners dated 27.9.2004 to Roshan Lal Gera, one of the members of the society, was challenged before the Civil Court. The petitioners appeared before the Court and gave the statements that Roshan Lal Gera would act as the General Secretary of the society. Despite the said undertaking, the petitioners in connivance with their co-accused, prepared fictitious and forged minute books on 4.1.2005 and 7.1.2005 and had published the same in the newspaper alleging therein that the election of the society had been held and the petitioners had been elected as office bearers of the society. The said election was challenged before the Civil Court and the same was decreed on 2.11.2010. The election allegedly held by the petitioners and their co-accused was declared to be fictitious. On inquiry, it transpired that the petitioners and their co-accused had embezzled ` 1,50,000/- and had misused the funds of the society. The petitioners had also misused the letter head of the society.
During investigation, the account books/other documents were sent for comparison/opinion of the Forensic Science Laboratory, Madhuban. As per the said report, there were Crl. Misc. No. M-39257 of 2012 (O&M) -4- Crl. Misc. No. M-40301 of 2012 (O&M) Crl. Misc. No. M-40302 of 2012 (O&M) certain inconsistencies in the writing on the said documents/account books. Petitioners are required for custodial interrogation.
Consequently, all the three petitions are dismissed.
(SABINA) JUDGE December 20, 2012 Gurpreet