High Court Punjab-Haryana High Court

Bachan Singh vs State Of Punjab & Others on 24 September, 2008

Punjab-Haryana High Court
Bachan Singh vs State Of Punjab & Others on 24 September, 2008
Criminal Misc.No.55373-M of 2006                :1 :


     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                   CHANDIGARH



                        Criminal Misc.No.55373-M of 2006

                        Date of Decision: September 24, 2008



Bachan Singh

                                                 ...Petitioner

                        VERSUS


State of Punjab & others

                                                 ...Respondents



CORAM: HON'BLE MR.JUSTICE RANJIT SINGH



1. Whether Reporters of local papers may be allowed to see the
   judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?



Present:   Mr.L.S.Goraya, Advocate,
           for the petitioner.

           Mr.A.S.Brar, DAG, Punjab,
           for the State.

           Mr.B.S.Sidhu, Advocate,
           for respondent No.3.

                *****

RANJIT SINGH, J.

FIR No.1 dated 30.7.2006 is lodged by respondent No.3,

a serving D.S.P. in the Punjab Police against petitioner Bachan
Criminal Misc.No.55373-M of 2006 :2 :

Singh. Complainant-DSP has made allegations against the petitioner

for offences under Sections 447, 379, 148 and 149 IPC. Terming this

to be a misuse of process of court, the petitioner has filed the present

petition for quashing of this FIR.

Complainant-respondent No.3 was posted as DSP(D),

Punjab Police at Amritsar and is alleged to have lodged this FIR by

misusing his authority with an aim to grab the land of the petitioner.

The dispute appears to be in regard to a land measuring 2 kanals 1

marlas. Complainant and his mother had got sanctioned a mutation

for a land measuring 1 kanal out of this 2 kanals 1 marla land in

Khewat No.40, Khatoni No.127 and Khasra No.444 from A.C.2nd

Grade, Pathankot. The petitioner challenged this order dated

26.6.1995 and his appeal was accepted and the order was set-aside.

Complainant-DSP then challenged this order without success before

the Collector, Pathankot. He, however, was successful before

Financial Commissioner, Jalandhar, who allowed the appeal filed by

the complainant. Now it was the turn of the petitioner to challenge the

orders by way of Civil Writ Petition No.5602 of 2004. This writ was

admitted on 28.3.2006 and status- quo in regard to possession was

ordered to be maintained.

The petitioner also filed a civil suit before Civil Judge

(Junior Division), Pathankot seeking declaration that he is owner in

possession of the land. This suit was decreed in favour of the

petitioner on 17.12.1996. This decision was challenged by

complainant, it being an ex-parte order, but his application for recall

of the order was dismissed. Subsequently, however, the Appellate

Court has set aside this order and has remanded the case back to
Criminal Misc.No.55373-M of 2006 :3 :

Civil Judge (Junior Division) for fresh adjudication on merits. The

petitioner also filed a complaint against respondent No.3 under

various sections and the complainant and SHO Sohan Singh have

been summoned to face trial under sections 323 and 452 IPC. The

complainant on his part has allegedly used his position and authority

to lodge the present FIR against the petitioner under sections 447,

379, 148 and 149 IPC.

The contents of the FIR would make an interesting

reading. The complainant has stated that his mother had a house

situated on College Road near Dhaki Chowk, Pathankot which he

sold in 1999. As per the FIR, a land measuring 2 kanals 1 marla

adjoining the house was in the name of his mother Sukhvinder Kaur.

It is then mentioned that this land was mutated in the name of

Bachan Singh petitioner, which order was challenged by him.

Reference has also been made to ex-parte order, referred to above,

which has been set-aside by District Judge, Gurdaspur. It is

accordingly alleged that the petitioner has taken illegal possession of

the above land and has also taken loan on the said land. It is then

mentioned that “Bachan Singh is a man of bad reputation, who was

indulging in smuggling of Rice from Himachal Pradesh. Whenever I

after taking leave from my duty or any person deputed by me, to look

after the abovesaid land, all the accused attempted to attack us. I

being a police official do not want to enter in any sort of quarrel.

Legal action may be taken against them.”

I have heard the counsel for the parties.

It can be observed that the dispute basically is of a civil in

nature concerning possession of land which is pending adjudication
Criminal Misc.No.55373-M of 2006 :4 :

before the civil court. The possession of the petitioner is apparently

established over the land and has been protected by this court. The

petitioner has also filed a civil suit which was decreed in his favour

though ex-parte. The same has been set-aside and the case

remanded back to the Magistrate but still it cannot be said that the

possession of the petitioner over the suit land is disturbed by judicial

intervention. Accordingly, the allegation of trespass by the petitioner

on this land really cannot be made out. If any such allegations are

made, these would be in clear violation of the order passed by this

court in the writ petition, wherein directions have been issued for

maintaining status-quo in regard to possession. It is also required to

be noticed that the mother of the complainant has also sold her

house and the complainant now apparently is making an effort to

possess this plot which was adjoining the said house. The FIR

apparently is with an aim to pressurise the petitioner to leave this plot

and that way would be an abuse of process of the court.

Reference has also been made to contents of the FIR.

The mutation relied upon by the complainant is concededly in the

name of the petitioner. That order may be under challenge, but still

will hold the field. On the basis of documents on record, it cannot be

said that the petitioner is in illegal possession of this land. It is

basically a civil dispute which is pending before the civil court and

has been given a colour of criminal liability apparently because of the

position of the complainant. He has been able to manage this FIR

only because he is an senior serving police officer. No case of theft,

criminal trespass or cheating is made out from the contents of the

FIR.

Criminal Misc.No.55373-M of 2006 :5 :

During the course of arguments, the counsel appearing

for respondent No.3 could not point out as to what offence would be

made out from the contents of the FIR. This FIR, thus, is nothing but

an abuse of the process of the court. As held in State of Madhya

Pradesh v. Awadh Kishore Gupta & Ors, AIR 2004 SC 517, where

the uncontroverted allegations made in the FIR do not disclose the

commission of any offence, then the said FIR can be ordered to be

quashed. Power under Section 482 Cr.P.C. can be exercised to

prevent the abuse of the process of the court or to otherwise secure

the ends of justice. This power is to be exercised ex debito justitiate

to do real and substantial justice for the administration of which alone

the courts exist. The court has the power to prevent any abuse where

an attempt is made to abuse the authority so as to produce injustice.

The present case is the one where the FIR is clearly seen to be

lodged with an aim to abuse the process of court and the

proceedings, if allowed to continue, would lead to injustice.

The present petition is accordingly allowed. The FIR and

the subsequent proceedings arising therefrom are hereby quashed

and set-aside.

September 24, 2008                             ( RANJIT SINGH )
ramesh                                              JUDGE