Punjab-Haryana High Court
Charanjit Bhatia vs State Of Punjab And Another on 4 July, 2013
Author: T.P.S. Mann
Bench: T.P.S. Mann
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M-21118 of 2013
Date of Decision : July 04, 2013
Charanjit Bhatia
....Petitioner
Versus
State of Punjab and another
....Respondents
CORAM : HON'BLE MR. JUSTICE T.P.S. MANN
Present : Mr. R.S. Athwal, Advocate.
T.P.S. Mann, J. (Oral)
The petitioner has filed the present petition under Section 482 Cr.P.C. seeking quashing of FIR No.38 dated 20.3.2013 registered at Police Station Balachaur, District Shaheed Bhagat Singh Nagar (Nawanshahr) under Section 295 IPC and also the final report submitted by the police under Section 173 Cr.P.C.
While lodging the aforementioned FIR, respondent No.2 asserted that in his village Nawan Pind Tapria Road, there was kuttia of Maharaj Lal Ji Dass Brahma Nand Ji, which was built 60 years ago. All the residents of the village, besides the devotees perform Pooja and do Sewa (social service) over there. On 18.3.2013 at about 10.00 a.m., when the, alongwith Prem Nath, went to the kuttia Satish Kumar 2013.07.24 12:57 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc. No.M-21118 of 2013 -2- for paying obeisance, he saw that the petitioner alongwith unidentified persons was demolishing the aforementioned religious place. The petitioner alongwith others demolished three rooms and a verandah of the religious place. The room meant for preaching was also demolished, which hurt the religious feelings of the complainant and his companions who tried to stop the petitioner and others but in vain. The complainant went to the village and informed the residents. When he again returned to the religious place, the petitioner had already left alongwith JCB. Accordingly, it was prayed that appropriate action be taken against the petitioner. After recording the statement of respondent No.2, ASI Mohinder Singh sent the same to Police Station Balachaur where FIR No.38 dated 20.3.2013 under Section 295 IPC was registered.
Learned counsel for the petitioner has submitted that the petitioner is a religious person and after his retirement, he devotes most of his time for the welfae of his religious beliefs. He has volunteered himself for the development of the aforementioned religious place which is being run by Maharaj Bhurewale Swami Lalji Dass Charitable Trust. Under the supervision of Satguru Shankra Nand Ji Bhuri Wale Maharaj Ji and in the memory of his guru Dhan Dhan Satguri Lal Dass Ji Maharaj Bhuriwale, the petitioner had built a temple measuring 50 x 100 feet and the statute of Dhan Dhan Satguru Lalji Dass Maharaj Bhuriwale was installed. The construction Satish Kumar 2013.07.24 12:57 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc. No.M-21118 of 2013 -3- commenced on 17.5.1995 with the collective participation of the followers of Dhan Dhan Satguru Ganga Nand Ji and under the supervision of Dhan Dhan Satguru Shankar Nand Bhuriwale Maharaj Ji for which the petitioner made donation from his personal funds to the extent of Rs.2,50,000/- whereas the total expenditure incurred was Rs.5,00,000/-. In the year 2008, a hall was built with the donation of Rs.1,50,000/- given by Shri Husan Chand Bhatia and by son-in-law and sons of Charanjit Bhatia, to the extent of Rs.2,50,000/-. The contributions made by the petitioner and his family members is reflected in the list inscribed on the stones installed at temple Chhatri Sahib premises. Again, in the year 2009-10, in the memory of Dhan Dhan Satguru Ganga Ji, the petitioner, his sons and sons-in-law constructed a complex in this kuttia on which about Rs.15,00,000/- were spent by them. The inauguration of this complex was done by Dhan Dhan Satguru Shankra Nand Ji Bhuriwale Maharaj Ji on 8.2.2010 and similarly on Bhaddi Road, at Maharaj Bhuriwale Swami Lalji Dass Charitable Trust kuttia, village and Post Office Adoana, Tehsil Balachaur, the Chairman of which is Dhan Dhan Satguru Shankar Nand Ji Bhuri Wale Maharaj Ji whereas the petitioner is its President. In these 7 acres of land, a tubewell motor has been installed and the land was levelled by soil fill. The expenses of installation of the tubewell motor and soil fill were incurred mainly by the petitioner, his son, his brother, nephew and sons-in-law. The Satish Kumar 2013.07.24 12:57 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc. No.M-21118 of 2013 -4- Trust Maharaj Bhuriwale Swami Lalji Dass Charitable Trust kuttia, village and Post Office Adoana, Tehsil Balachaur is managing the affairs of the temple and its properties. Acharya Chetna Nand, Nand Lal Maheshi and complainant Balram alongwith other mischievous persons, have an evil eye of wresting control and management of the Trust Maharaj Bhuriwale Swami Lalji Dass Charitable Trust kuttia, village and Post Office Adoana, Tehsil Balachaur and the temple constructed in the memory of Dhan Dhan Satguru Lal Dass Ji Maharaj Bhuriwale. In order to achieve their ulterior and mischievous motive of illegally taking over the management of the Trust, they conspired together and purchased the adjoining land on either side of the temple premises of Dhan Dhan Satguru Lal Dass Ji Maharaj Bhuriwale, i.e. land measuring 0 Kanal 17 Marlas 06 Sarsahis being 3/10th share of land measuring 02 Kanals 19 Marlas comprised in Khasra No.40//9/2 (2-19) of Khatta No. 59/62 as entered in the Jamabandi for the year 2007-08 of village Adoana, H.B. No. 387, Tehsil Balachaur, District SBS Nagar vide sale deed dated 5.10.2011 and land measuring 01 Kanal 15 Marlas 04 Sarsahis being 3/5th share of the land measuring 02 Kanals 19 Marlas comprised in Khasra No. 40//9/2 (2-19) of Khatta No. 59/62 as entered in the Jamabandi for the year 2007-08 of village Adoana, H.B. No. 387, Tehsil Balachaur, District SBS Nagar vide sale deed dated 29.9.2011. The perusal of both the sale deed reveals that there is specific recital Satish Kumar 2013.07.24 12:57 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc. No.M-21118 of 2013 -5- that, 'this land is not the ownership of government, Dera, Maath, Akharhe or any other religious institution'. Bhajan Lal, member of the Trust, Maharaj Lal Dass Brahma Nand Bhuri Wale Garibdass, Charitable Trust Tapria Khurd who appeared on behalf of the vendee had given a self declaration on behalf of the Trust before the Sub- Registrar Balachaur that the land in question will be used only for agricultural purpose. However, by mis-representing to the police and by giving a false statement, the complainant has lodged the FIR alleging that the petitioner has damaged/demolished kuttia of Maharaj Lalji Dass Brahma Nand Bhuriwale Garibdass Charitable Trust, Tapria Khurd, existed on the land of the Trust. In fact, there existed no kuttia in the said land. Further, the complainant is politically well connected and wields considerable influence over the local administration and the police. It was on account of the said influence that a false FIR has been registered against the petitioner.
At the initial stage of registration of the FIR what is required to be seen is as to whether the acts committed by the petitioner give rise to a cognizable offence or not. It would be during the investigation of the FIR that the police will probe into involvement of the petitioner. While lodging the FIR, respondent No.2 has clearly stated that his religious feelings have been hurt on account of demolition of religious place by the petitioner and others. The allegations levelled by respondent No.2 make out commission of an Satish Kumar 2013.07.24 12:57 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc. No.M-21118 of 2013 -6- offence under Section 295 IPC. As the said offence is cognizable, the police has no other option but to register the FIR. Therefore, at this stage, the petitioner cannot be absolved of the offence under Section 295 IPC.
In view of the above, there is no merit in the present petition, which is, accordingly, dismissed.
However, it would be open to the petitioner to join the investigation of the case and present to the police the material relied upon by him. The same shall be considered by the police before submitting the final report in the Court of law.
( T.P.S. MANN )
July 04, 2013 JUDGE
satish
Satish Kumar
2013.07.24 12:57
I attest to the accuracy and
integrity of this document
Chandigarh